[House Report 116-457]
[From the U.S. Government Publishing Office]
House Calendar No. 84
_____________________________________________________________________
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-457
_____________________________________________________________________
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 6395) TO AUTHORIZE
APPROPRIATIONS FOR FISCAL YEAR 2021 FOR MILITARY ACTIVITIES OF THE
DEPARTMENT OF DEFENSE AND FOR MILITARY CONSTRUCTION, TO PRESCRIBE
MILITARY PERSONNEL STRENGTHS FOR SUCH FISCAL YEAR, AND FOR OTHER
PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 7027) MAKING
ADDITIONAL SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF REQUIREMENTS
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2020, AND FOR OTHER PURPOSES;
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 7327) MAKING ADDITIONAL
SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF REQUIREMENTS FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 2020, AND FOR OTHER PURPOSES; AND
PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENTS TO THE BILL (H.R.
1957) TO AMEND THE INTERNAL REVENUE CODE OF 1986 TO MODERNIZE AND
IMPROVE THE INTERNAL REVENUE SERVICE, AND FOR OTHER PURPOSES
__________
R E P O R T
OF THE
COMMITTEE ON RULES
HOUSE OF REPRESENTATIVES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
July 20, 2020.--Referred to the House Calendar and ordered to be
printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
40-859 WASHINGTON : 2020
House Calendar No. 84
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-457
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 6395) TO AUTHORIZE
APPROPRIATIONS FOR FISCAL YEAR 2021 FOR MILITARY ACTIVITIES OF THE
DEPARTMENT OF DEFENSE AND FOR MILITARY CONSTRUCTION, TO PRESCRIBE
MILITARY PERSONNEL STRENGTHS FOR SUCH FISCAL YEAR, AND FOR OTHER
PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 7027) MAKING
ADDITIONAL SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF REQUIREMENTS
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2020, AND FOR OTHER PURPOSES;
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 7327) MAKING ADDITIONAL
SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF REQUIREMENTS FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 2020, AND FOR OTHER PURPOSES; AND
PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENTS TO THE BILL (H.R.
1957) TO AMEND THE INTERNAL REVENUE CODE OF 1986 TO MODERNIZE AND
IMPROVE THE INTERNAL REVENUE SERVICE, AND FOR OTHER PURPOSES
_______
July 20, 2020.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Perlmutter, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 1053]
The Committee on Rules, having had under consideration
House Resolution 1053, by a record vote of 8 to 3, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 6395, the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021, under a structured rule. The resolution
provides one hour of debate equally divided and controlled by
the chair and ranking minority member of the Committee on Armed
Services. The resolution waives all points of order against
consideration of the bill. The resolution provides that an
amendment in the nature of a substitute consisting of the text
of Rules Committee Print 116-57 shall be considered as adopted
and the bill, as amended, shall be considered as read. The
resolution waives all points of order against provisions in the
bill, as amended. Section 2 of the resolution provides that
following debate, each further amendment printed in this report
not earlier considered as part of amendments en bloc pursuant
to section 3 of the resolution shall be considered only in the
order printed in this report, may be offered only by a Member
designated in this report, shall be considered as read, shall
be debatable for the time specified in this report equally
divided and controlled by the proponent and an opponent, may be
withdrawn by the proponent at any time before the question is
put thereon, shall not be subject to amendment, and shall not
be subject to a demand for division of the question. Section 3
of the resolution provides that at any time after debate the
chair of the Committee on Armed Services or his designee may
offer amendments en bloc consisting of further amendments
printed in this report not earlier disposed of. Amendments en
bloc shall be considered as read, shall be debatable for 30
minutes equally divided and controlled by the chair and ranking
minority member of the Committee on Armed Services or their
designees, shall not be subject to amendment, and shall not be
subject to a demand for division of the question. The
resolution waives all points of order against the amendments
printed in this report and amendments en bloc described in
section 3 of the resolution. The resolution provides one motion
to recommit with or without instructions. The resolution
provides for consideration of H.R. 7027, the Child Care Is
Essential Act, under a closed rule. The resolution provides one
hour of debate equally divided among and controlled by the
chair and ranking minority member of the Committee on
Appropriations and the chair and ranking minority member of the
Committee on Education and Labor.
The resolution waives all points of order against
consideration of the bill. The resolution provides that an
amendment in the nature of a substitute consisting of the text
of Rules Committee Print 116-58 shall be considered as adopted
and the bill, as amended, shall be considered as read. The
resolution waives all points of order against provisions in the
bill, as amended. The resolution provides that clause 2(e) of
rule XXI shall not apply during consideration of the bill.
The resolution provides for one motion to recommit with or
without instructions. The resolution provides for consideration
of H.R. 7327, the Child Care for Economic Recovery Act, under a
closed rule. The resolution provides one hour of debate equally
divided among and controlled by the chair and ranking minority
member of the Committee on Appropriations and the chair and
ranking minority member of the Committee on Ways and Means. The
resolution waives all points of order against consideration of
the bill. The resolution provides that the bill shall be
considered as read.
The resolution waives all points of order against
provisions in the bill. The resolution provides that clause
2(e) of rule XXI shall not apply during consideration of the
bill.
The resolution provides one motion to recommit. The
resolution provides for consideration of the Senate amendments
to H.R. 1957, the Great American Outdoors Act. The resolutions
makes in order a single motion offered by the chair of the
Committee on Natural Resources or his designee that the House
concur in the Senate amendments.
The resolution provides one hour of debate on the motion
equally divided and controlled by the chair and ranking
minority member of the Committee on Natural Resources.
The resolution waives all points of order against
consideration of the motion and provides that it shall not be
subject to a demand for division of the question. The
resolution provides that the Senate amendments and the motion
shall be considered as read.
The resolution amends H. Res. 967, agreed to May 15, 2020
(as amended by House Resolution 1017, agreed to June 25, 2020):
(1) in section 4, by striking ``July 31, 2020'' and
inserting ``September 21, 2020'';
(2) in section 11, by striking ``legislative day of July
31, 2020'' and inserting ``calendar day of September 20,
2020''; and
(3) in section 12, by striking ``July 31, 2020'' and
inserting ``September 21, 2020''.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
H.R. 6395 includes waivers of the following:
Clause 3(e)(1) of rule XIII, which requires
the inclusion of a comparative print for a bill
proposing to repeal or amend a statute.
Clause 12(a) of rule XXI, which prohibits
consideration of a bill unless there is a searchable
electronic comparative print that shows how the bill
proposes to change current law.
The waiver of all points of order against provisions in
H.R. 6395, as amended, includes a waiver of clause 4 of rule
XXI, which prohibits reporting a bill carrying an appropriation
from a committee not having jurisdiction to report an
appropriation.
Although the resolution waives all points of order against
the amendments printed in this report or against amendments en
bloc described in Section 3 of the resolution, the Committee is
not aware of any points of order. The waiver is prophylactic in
nature.
Although the resolution waives all points of order against
consideration of H.R. 7027, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
provisions in H.R. 7027, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
The waiver of all points of order against consideration of
H.R. 7327 includes waivers of the following:
Clause 12(a)(1) of rule XXI, which prohibits
consideration of a bill unless there is a searchable
electronic comparative print that shows how the bill
proposes to change current law.
Clause 10 of rule XXI, which prohibits
consideration of a measure that has a net effect of
increasing the deficit or reducing the surplus over the
five- or 10-year period.
Section 302(f) of the Congressional Budget
Act, which prohibits consideration of legislation
providing new budget authority in excess of a 302(a) or
302(b) allocation of such authority.
Section 311 of the Congressional Budget Act,
which prohibits consideration of legislation that would
cause the level of total new budget authority for the
first fiscal year to be exceeded.
Although the resolution waives all points of order against
provisions in H.R. 7327, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
The waiver of all points of order against consideration of
the motion to concur in the Senate amendments to H.R. 1957
includes waivers of the following:
Clause 4 of rule XXI, which prohibits
reporting a bill carrying an appropriation from a
committee not having jurisdiction to report an
appropriation.
Clause 10 of rule XXI, which prohibits
consideration of a measure that has a net effect of
increasing the deficit or reducing the surplus over the
five- or 10-year period.
Section 302(f)(1) of the Congressional
Budget Act, which prohibits consideration of
legislation providing new budget authority in excess of
a 302(a) or 302(b) allocation of such authority.
Section 306 of the Congressional Budget Act,
which prohibits consideration of legislation within the
jurisdiction of the Committee on the Budget unless
referred to or reported by the Budget Committee.
Section 311 of the Congressional Budget Act,
which prohibits consideration of legislation that would
cause the level of total new budget authority for the
first fiscal year to be exceeded.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 333
Motion by Mr. Cole to report open rules for H.R. 7027 and
H.R. 6395. Defeated: 3-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... ............ Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... ............
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Ms. Matsui...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 334
Motion by Mr. Cole to strike from the rule the appropriate
sections providing for consideration of H.R. 7027 and H.R. 7327
and make the necessary changes in the rule. Defeated: 3-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... ............ Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... ............
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Ms. Matsui...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 335
Motion by Mr. Woodall to add a section to the rule that
would terminate the waiver of clause 6(a) of rule XIII, for a
two-thirds vote to consider a report from the Committee on
Rules on the same day it is presented to the House, as of July
20, 2020. Defeated: 3-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... ............ Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... ............
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Ms. Matsui...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 336
Motion by Ms. Scanlon to report the rule. Adopted: 8-3
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... ............ Mr. Cole.......................... Nay
Mrs. Torres..................................... Yea Mr. Woodall....................... Nay
Mr. Perlmutter.................................. Yea Mr. Burgess....................... ............
Mr. Raskin...................................... Yea Mrs. Lesko........................ Nay
Ms. Scanlon..................................... Yea
Mr. Morelle..................................... Yea
Ms. Shalala..................................... Yea
Ms. Matsui...................................... Yea
Mr. McGovern, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENTS TO H.R. 6395 MADE IN ORDER
1. Maloney, Carolyn (NY), King, Peter (NY), Cleaver (MO),
Malinowski (NJ), Waters (CA), Waltz (FL): Cracks down on the
illicit use of anonymous shell companies by requiring companies
to disclose their true beneficial owners at the time the
company is formed. Modernizes and streamlines the BSA-AML
regulatory regime by strengthening the Financial Crimes
Enforcement Network's (FinCEN) authorities and improving its
communications with financial institutions. (10 minutes)
2. Bergman (MI), Kim (NJ), Mast (FL), Gonzalez, Vicente
(TX), Cisneros (CA), Axne (IA), Cook (CA), Riggleman (YA),
Brindisi (NY), Waltz (FL), Fitzpatrick (PA), Stanton (AZ),
Rouda (CA), Bilirakis (FL), Sherrill (NJ), Soto (FL), Evans
(PA), Perry (PA), Budd (NC), Crenshaw (TX), Lieu (CA), Rice,
Kathleen (NY), Horn (OK), Yoho (FL), Escobar (TX), Allred (TX),
Steube (FL), Spano (FL), Curtis (UT), McKinley (WV), Craig
(MN), Slotkin (Ml), Heck (WA), Garcia, Sylvia (TX), Carbajal
(CA), Reschenthaler (PA), Cloud (TX), McMorris Rodgers (WA),
Davidson (OH), Guthrie (KY), Kelly, Trent (MS), Suozzi (NY),
Herrera Beutler (WA), Jackson Lee (TX), Murphy, Stephanie (FL),
Clarke, Yvette (NY), Holding (NC), Keller (PA), Lesko (AZ),
Torres Small, Xochitl (NM), Hartzler (MO), Miller (WV), Gosar
(AZ): Creates a cyber attack exception under the Foreign
Sovereign Immunities Act (FSIA) to protect U.S. nationals
against foreign state-sponsored cyber attacks. (10 minutes)
3. Escobar (TX), Omar (MN), Cicilline (RI), Jayapal (WA),
Gallego (AZ), Cardenas (CA), Pocan (WI), Sherrill (NJ),
Lawrence (Ml), DeFazio (OR), Trahan (MA), Haaland (NM),
Grijalva (AZ): Provides Congress transparency when a President
deploys active duty military within the United States during
civil unrest by amending the Insurrection Act in Title 10,
Chapter 13 of U.S. Code. (10 minutes)
4. McAdams (UT), Gabbard (HI), Titus (NV), McGovern (MA),
Horsford (NV), Lee, Susie (NV): Prohibits any funding for new
nuclear testing in FY21. (10 minutes)
5. Omar (MN), Pressley (MA), Paean (WI), Grijalva (AZ),
Tlaib (Ml), McGovern (MA), Lee, Barbara (CA), Jayapal (WA),
Khanna (CA), Ocasio-Cortez (NY): Establishes a policy framework
for the accelerated withdrawal of U.S. forces from Afghanistan.
(10 minutes)
6. Jayapal (WA), Omar (MN): Strikes the statutory
requirement that the Pentagon provide annual Unfunded
Priorities lists to Congress. (10 minutes)
7. DeGette (CO), Huffman (CA), Schiff (CA), Carbajal (CA),
Chu (CA), Kilmer (WA), Neguse (CO), Jayapal (WA), Sherman (CA):
Adds the text of H.R. 2546, the Protecting America's Wilderness
Act. (10 minutes)
8. Neguse (CO), Grijalva (AZ): Adds the text of H.R. 823,
the Colorado Outdoor Recreation and Economy Act to the bill and
withdraws, permanently one million acres of public land
surrounding Grand Canyon National Park that are already (as of
2012) subject to a 20-year moratorium on new mining claims. The
withdrawal permanently protects an iconic location, tribal
communities and sacred sites, local economies, and safe water
supplies. (10 minutes)
9. Pocan (WI), Lee, Barbara (CA), Jayapal (WA), Lowenthal
(CA), Moore (WI), Watson Coleman (NJ), Tlaib (MI), Raskin (MD),
Espaillat (NY), Pressley (MA), Velazquez (NY), Grijalva (AZ),
Lofgren (CA), Schakowsky (IL), Omar (MN), Levin, Andy (MI),
Norton (DC), DeFazio (OR), McGovern (MA), Khanna (CA), Ocasio-
Cortez (NY), Clay (MO), Kennedy (MA), Welch (VT), Meng (NY),
Johnson, Hank (GA), Serrano (NY), Garcia, Jesus (IL), Chu (CA),
Blumenauer (OR), Gomez (CA): Reduces overall authorization
level by 10%. Excludes military personnel, DoD federal civilian
workforce, and defense health program accounts from the 10%
reduction. (10 minutes)
10. Pressley (MA), Moulton (MA), Panetta (CA), Watson
Coleman (NJ), Jayapal (WA), Neguse (CO), Lofgren (CA), Nadler
(NY): Provides clarifying language to ensure that international
students enrolled in an educational program at a college or
university offering courses online in order to keep students
and faculty safe and mitigate further COVID-19 spread, will be
able to remain in their educational program and will continue
to meet requirements of their student visa. (10 minutes)
11. Dean (PA): Provides up to $10,000 in immediate
assistance to pay down the balance of private student loans.
Furthermore, when borrower payments resume, the servicer would
have to modify the loan to lower the monthly payment by re-
amortizing the loan and/or lowering the interest rate. (10
minutes)
12. Thompson, Mike (CA): Transfers the Mare Island Naval
Cemetery to the U.S. Department of Veterans Affairs. (10
minutes)
13. Gallego (AZ), Kinzinger (IL), Heck (WA), Turner (OH),
Kaptur (OH), Stefanik (NY), Womack (AR), Bishop, Rob (UT):
Clarifies and extends sanctions related to the construction of
the Nord Stream II pipeline. (10 minutes)
14. Walden (OR), Pallone (NJ): Establishes the Secretary of
Energy and Secretary of Defense as co-chairs of the Nuclear
Weapons Council (NWC) to provide Cabinet-level visibility and
accountability of our nuclear deterrent and the NWC budget
process. (10 minutes)
15. Langevin (RI), Maloney, Carolyn (NY), Gallagher (WI),
Hurd (TX), Katko (NY), Ruppersberger (MD), King, Peter (NY),
Eshoo (CA), Lynch (MA), Heck (WA), Cartwright (PA), Stefanik
(NY), Timmons (SC), Houlahan (PA), Panetta (CA), Lawrence (MI),
Norton (DC), Lieu (CA): Establishes a National Cyber Director
within the Executive Office of the President. (10 minutes)
16. Wexton (VA): Includes pandemics as an exigency of
public business for purposes of federal employee leave roll
over. (10 minutes)
17. Adams (NC), Dean (PA): Extends CARES student loan
protections for private student loan borrowers who were left
out of the CARES Act. This includes a pause in borrower payment
obligations, accrual of interest, negative credit reporting,
and debt collection. Additionally, since the CARES student loan
protections expire on Sep 30, 2020, this amendment extends the
private student loan protections an additional year until Sep
30, 2021. (10 minutes)
18. Deutch (FL), Rose, Max (NY), Malinowski (NJ),
Gottheimer (NJ): Requires the Department of State to develop a
coordinated strategy to counter white identity terrorism
globally, assessing the global threat landscape and applying
adequate resourcing to programming, information sharing, and
designation authorities where applicable. (10 minutes)
19. Houlahan (PA), Mitchell (MI), Cisneros (CA), Kim (NJ),
Escobar (TX), Haaland (NM): Requires that any Federal law
enforcement officer deployed pursuant to 10 USC 253 be clearly
identified by name and agency visible on their uniform or other
clothing. (10 minutes)
20. Torres, Norma (CA), Lawrence (MI), Speier (CA), Brown
(MD), Haaland (NM), Escobar (TX), Frankel (FL): Encourages DOD
to consider female soldiers who have served with valor as
candidates for renaming military bases. (10 minutes)
21. Khanna (CA): Requires the Comptroller General of the
United States to submit to Congress a report on U.S. military
support for the Saudi-led coalition's war against the Houthis
in Yemen, not later than one year after enactment of this Act.
(10 minutes)
22. Lieu (CA), Yoho (FL), Malinowski (NJ): Requires the
Secretary of State, in consultation with the Secretary of
Defense and the Director of National Intelligence, to submit a
report to Congress on U.S. policy in Yemen, including
diplomatic efforts, humanitarian assistance, and civilian
protection. Requires GAO to report to Congress on U.S. military
support to the Saudi-led coalition in Yemen and expresses a
Statement of Policy on the conflict. (10 minutes)
23. Cicilline (RI), Golden (ME), Reschenthaler (PA), Davis,
Susan (CA), Porter (CA): Provides protections from forced
arbitration to service members in disputes covered under the
Service Members Civil Relief Act (SCRA). (10 minutes)
24. Matsui (CA), McCaul (TX), Eshoo (CA), Stefanik (NY),
Stevens (Ml), Joyce, John (PA), Katko (NY): Restores American
leadership in semiconductor manufacturing by increasing federal
incentives to enable advanced research and development, secure
the supply chain, and ensure long-term national security and
economic competitiveness. (10 minutes)
25. Lieu (CA), Wilson, Joe (SC): Establishes an Office of
Subnational Diplomacy at the State Department and requires the
appointment of an official to head the office. The amendment
outlines the duties of the office, authorizes members of the
civil service and Foreign Service to be detailed to city halls
and state capitols in support of their international engagement
efforts, and requires a report to Congress followed by annual
briefings on the work of the office. (10 minutes)
26. Young (AK): Requires a certification be submitted to
Congress before the spouse of a servicemember can be removed
from the United States. (10 minutes)
27. Richmond (LA): Implements a recommendation from the
Cyberspace Solarium Commission to require the Department of
Homeland Security to establish a cyber incident reporting
program. (10 minutes)
28. Keating (MA), Engel (NY): Establishes immunity from
seizure under judicial process for culturally significant
objects temporarily loaned from Afghanistan to US institutions,
under specified conditions, and specifies that US institutions
under 22 USC 2459 include cultural, educational, or religious
institutions and that objects can be transferred for storage,
conservation, scientific research, exhibition or display. (10
minutes)
29. Takano (CA), Lee, Susie (NV), Cisneros (CA), Panetta
(CA), Dingell (Ml), Kennedy (MA), Kildee (Ml), Garcia, Sylvia
(TX), Riggleman (VA), Porter (CA), Omar (MN): Closes a federal
loophole by making military education benefits such as
Department of Defense Tuition Assistance count as federal
educational assistance funds and limits the availability of
federal funds for proprietary for-profit institutions unless
the institution derives at least 10% of funds from sources
other than federal funds. (10 minutes)
30. Adams (NC), Brown (MD): Requires the Chief Diversity
Officer to create a strategic plan that spurs participation by
HBCUs and MSIs in research, development, testing, and
evaluation activities. (10 minutes)
31. Aguilar (CA): Makes permanent a pilot program for the
direct commissioning of cyber professionals and would give the
services the authority to consider advanced degrees when
deciding on the rank of the person obtaining the direct
commission. (10 minutes)
32. Aguilar (CA): Adds to an annual report that must be
produced by the Special Inspector General for Racial and Ethnic
Disparities in the Armed Forces, the requirement that an annual
accounting and detailing of every incident of white supremacist
activity documented in the Department of Defense be included.
(10 minutes)
33. Aguilar (CA): Fences off certain funding in order to
obtain reports on New START and the post-INF landscape which
were required in the FY2020 NDAA and are past due. (10 minutes)
34. Allred (TX), Malinowski (NJ): Requires a report on the
measures that can be taken to decrease instances of civilian
harm and human rights abuses in the security forces of Burkina
Faso, Mali, and Niger, and requires a strategy for the United
States to improve and coordinate civilian harm mitigation
measures with other militaries operating in the region. (10
minutes)
35. Axne (IA), Timmons (SC), Brindisi (NY), Bost (IL),
Murphy, Gregory (NC), Rose, Max (NY): Allows Members of the
National Guard and Reserve to participate in DOD SkillBridge
training. (10 minutes)
36. Bacon (NE), Carbajal (CA): Requires the State
Department to produce an annual report on the effectiveness of
US unmanned aerial system export policy. (10 minutes)
37. Barr (KY), Crenshaw (TX): Requires the Department of
Defense to carry out a pilot program to determine the
prevalence of sleep apnea among members of the Armed Forces
while at initial training. (10 minutes)
38. Bera (CA), Yoho (FL): Expresses the sense of Congress
that natural, accidental, and deliberate biological threats,
including infectious disease, are in the core national security
interest of the United States, and that Cooperative Threat
Reduction Biological Threat Reduction Program is critical to
addressing those threats. (10 minutes)
39. Bera (CA): Requires DoD to conduct a study and submit a
report to Congress identifying financial hardships as a result
of the COVID-19 pandemic, evaluating best practices for
providing financial assistance to servicemembers, and
preventing future disruptions. (10 minutes)
40. Bera (CA): Directs DOD to develop staffing
recommendations for antimicrobial stewardship programs at DOD
medical treatment facilities, recommendations on the use of
diagnostics to improve those programs, and a plan to implement
such recommendations. (10 minutes)
41. Bera (CA), Yoho (FL): Requires Secretary of Defense, in
coordination with Secretary of State, to report on efforts to
prevent, detect, respond to biological threats, including
bilateral and multilateral efforts. (10 minutes)
42. Beyer (VA), Norton (DC): Requires DoD to fulfill
recommendations of its 2018 report by working to mitigate
helicopter noise in the National Capital Region by
establishing: (1) a noise inquiry website to track and analyze
complaints; and (2) a helicopter noise abatement working group.
(10 minutes)
43. Beyer (VA), Schweikert (AZ), Brown (MD): Continues
authorization for the Direct Air Capture and Blue Carbon
Removal Technology Program. (10 minutes)
44. Biggs (AZ): Expresses a sense of Congress about the
importance of the U.S.-Israel relationship. (10 minutes)
45. Bilirakis (FL), Crist (FL): Requires the Defense Health
Agency to produce a report on the feasibility, efficacy, and
cost of expanding coverage for chiropractic care to military
families and retirees under the TRICARE Program. (10 minutes)
46. Bilirakis (FL), Pappas (NH): Requires a feasibility
study on increased rotational deployments to Greece and
enhanced United States-Greece diplomatic engagement. (10
minutes)
47. Blunt Rochester (DE): Includes a Sense of Congress
honoring Dover Air Force Base, its two airlift wings, and the
Center for Mortuary Affairs for their distinguished service.
The airbase is home to the Center for Mortuary Affairs which is
the only DoD mortuary in the continental U.S. and ensures the
dignity of all U.S. remains returning home to their final
resting place. (10 minutes)
48. Blunt Rochester (DE): Increases the budget for
hypersonic prototyping (line 048) by $5 million and decreases
the budget for contractor logistics & systems (line 080) by $5
million. (10 minutes)
49. Blunt Rochester (DE): Increases the solder systems-
advanced development (PE 0603827A) line by $7 million for body
armor development. (10 minutes)
50. Boyle (PA), Fitzpatrick (PA): Expresses the Sense of
Congress that the United States should reaffirm support for an
enduring strategic partnership between the United States and
Ukraine and support for Ukraine's sovereignty and territorial
integrity. (10 minutes)
51. Boyle (PA), Connolly (VA): Expresses the Sense of
Congress reaffirming the commitment of the United States to
NATO. (10 minutes)
52. Brindisi (NY), Katko (NY), Craig (MN): Directs the
Department of Agriculture (USDA) to implement a public service
announcement campaign to address the mental health of farmers
and ranchers, including television, radio, print, outdoor, and
digital public service announcements. (10 minutes)
53. Brown (MD), Langevin (RI): Ensures that the Olympics
and Paralympics receive equivalent security assistance from the
Department of Defense. (10 minutes)
54. Brownley (CA), Cisneros (CA), Garcia, Sylvia (TX):
Directs the Comptroller General of the United States to conduct
a study of women involuntarily separated from the Armed Forces
due to pregnancy or parenthood from 1951-1976, include any
racial or ethnic disparities, discrepancies in uniformity of
those separations, and identify recommendations for improving
access to resources for those former members of the Armed
Forces through the Department of Veterans Affairs. (10 minutes)
55. Brownley (CA), Panetta (CA): Establishes a federal
grant program to help states create and implement a Seal of
Biliteracy program that encourages and recognizes high school
students who achieve proficiency in both English and at least
one other language. Supporting the development of foreign
language skills is crucial for American national security. (10
minutes)
56. Brownley (CA), Pappas (NH), Takano (CA), Cisneros (CA),
Panetta (CA), Garcia, Sylvia (TX), Sherman (CA): Requires a
joint report from the Secretaries of Defense and Veterans
Affairs on former members of the armed forces who were
discharged under policies discriminating against lesbian, gay,
bisexual, and transgender servicemembers, and who have applied
for a discharge upgrade. (10 minutes)
57. Buchanan (FL): Requires the Department of Defense to
produce a study on the potential benefits of and feasibility of
requiring all U.S. military bases to have properly functioning
MedEvac helicopters and military ambulances stocked with
appropriate emergency medical supplies. (10 minutes)
58. Buck (CO), Banks (IN), Budd (NC), Crawford (AR), Dunn
(FL), Hartzler (MO), Perry (PA), Roy (TX), Smith, Christopher
(NJ), Spano (FL), Steube (FL), Yoho (FL), Biggs (AZ), Rice, Tom
(SC), Gaetz (FL), Hice (GA), Norman (SC): Prohibits federal
employees from downloading or using TikTok on any technology
device issued by the United States government. (10 minutes)
59. Burgess (TX): Requires the DoD to report to Congress on
the current state of Energy Savings Performance Contracts. (10
minutes)
60. Bustos (IL), Haaland (NM), Rose, Max (NY), Fitzpatrick
(PA), Jackson Lee (TX), Wexton (VA), Krishnamoorthi (IL),
Brownley (CA), Welch (VT), Loebsack (IA): Requires the
Department of Defense to report data on how the Secretary of
Defense determined whether to authorize fulltime National Guard
duty for states' COVID-19 responses (to include whether the
costs of Soldier and Airmen benefits were a factor) and
requires the Secretary to provide recommendations to improve
the process. (10 minutes)
61. Bustos (IL), Harder (CA), Wenstrup (OH), Gonzalez-
Colon, Jenniffer (PR), Cisneros (CA), Bishop, Sanford (GA),
Brownley (CA): Revises authority of certain family members of a
servicemember who dies or becomes catastrophically ill or
injured while in military service to terminate a property lease
or motor vehicle lease executed by the servicemember. (10
minutes)
62. Bustos (IL), Loebsack (IA): Establishes a pilot program
for developing an online real estate tool of existing inventory
of space available at Army installations to enable efficient
use by authorized government and private sector actors. (10
minutes)
63. Byrne (AL), Walorski (IN), Aguilar (CA), Peters (CA):
Requires government contracting officers to file their
commercial item determinations to the DoD Commercial Item Group
so that all military services can have access to them in. (10
minutes)
64. Carbajal (CA), Cardenas (CA): Requires the Department
of Defense, in consultation with the Department of Veterans
Affairs, to develop guidelines regarding the consideration and
use of unofficial sources of information in determining
benefits eligibility when a veteran's service records are
incomplete due to damage caused to the records while in the
possession of the Department of Defense. (10 minutes)
65. Carbajal (CA): Provides the Space Development Agency
special hiring authority to attract experts in science and
engineering. (10 minutes)
66. Carson (IN): Authorizes $5,000,000 for a pancreatic
cancer early detection initiative (EDI) under the
Congressionally Directed Medical Research Programs (CDMRP) at
the Department of Defense (DoD). Amendment will provide
$5,000,000 for specific research in early detection initiatives
that include pre-diabetic and diabetic persons, persons from
underserved ethnic and minority communities and other
populations to ensure development of tools that reach as many
people as possible at much earlier stages of detection. (10
minutes)
67. Case (HI): Adds a sense of Congress that lands
throughout the State of Hawai'i currently owned and leased by
the Department of Defense or in which the Department of Defense
otherwise has a real property interest are critical to
maintaining the readiness of the Armed Forces now stationed or
to be stationed in Hawai'i and throughout the lndo-Pacific
region and elsewhere. Also includes reporting requirements to
provide transparency of efforts to resolve this land use
challenges. (10 minutes)
68. Castro (TX): Provides military medical treatment
facilities additional flexibility when billing civilian trauma
patients. (10 minutes)
69. Castro (TX), Fitzpatrick (PA): Directs the
Administrator of USAID to incorporate early childhood
development into current programming and in partner countries,
and protects children in adversity. (10 minutes)
70. Castro (TX), Garcia, Sylvia (TX): Calls on the
respective Department of Defense and military departments
offices for public affairs to work to ensure that the projects
that they are involved in and provide consultation services for
in film, television, and publishing, accurately represent all
servicemembers in the Armed Forces. The amendment also calls on
the Department to report to Congress on its efforts to meet
this goal. (10 minutes)
71. Chabot (OH), Cohen (TN): Requires a report on internal
displacement and killings of citizens of several countries of
the former USSR in illegally occupied territory in those
countries. (10 minutes)
72. Chabot (OH), Turner (OH), Fudge (OH): Increases Air
Force research funding by $3 million for the National Center
for Hardware and Embedded Systems Security and Trust (CHEST).
(10 minutes)
73. Chabot (OH): Requires the President to produce a whole-
of-government strategy to impose costs on and achieve
deterrence toward China for cyber-enabled corporate espionage
and personal data theft. (10 minutes)
74. Chabot (OH), Bera (CA): Expresses the sense of Congress
on crossborder violence in the Galwan Valley and Congress's
concern toward the growing territorial claims of the People's
Republic of China. (10 minutes)
75. Cicilline (RI), Courtney (CT), Kennedy (MA), Lynch
(MA), Larson, John (CT), Keating (MA): Establishes the Southern
New England Regional Commission, which would assist in the
development of defense manufacturing in Southern New England.
(10 minutes)
76. Cicilline (RI), Sherman (CA): Requires a report to
Congress on care and treatment available and accessible to
servicemembers and their spouses for pregnancy, postpartum
depression, and other pregnancy-related mood disorders. (10
minutes)
77. Clarke, Yvette (NY), Wexton (VA), Beyer (VA): Requires
reports to Congress on the defense and military implications of
deepfake videos. (10 minutes)
78. Clarke, Yvette (NY), Wexton (VA), Kilmer (WA), Beyer
(VA): Instructs the Steering Committee on Emerging Technology
to establish a Deepfake Working Group to assess the national
security implications of machine-manipulated media, such as
deepfake videos. (10 minutes)
79. Clarke, Yvette (NY): Expresses the sense of Congress
with respect to enhancing engagement with the Caribbean region.
(10 minutes)
80. Clarke, Yvette (NY), Malinowski (NJ), Cicilline (RI):
Expands and clarifies the mandate of entities authorized by the
National Artificial Intelligence Initiative Act to include
combatting discriminatory algorithmic bias against protected
classes of persons. (10 minutes)
81. Clarke, Yvette (NY), Malinowski (NJ), Cicilline (RI):
Prohibits the use of certain DoD funds on the acquisition of
artificial intelligence systems unless such systems have been
or will be vetted for discriminatory algorithmic bias against
protected classes of persons. (10 minutes)
82. Clarke, Yvette (NY), Lamborn (CO): Expresses the sense
of Congress with respect to the importance of preparing for
catastrophic critical infrastructure failure events, and
requires DoD to assess gaps in existing critical infrastructure
resilience strategies. (10 minutes)
83. Clarke, Yvette (NY): Adds questions to DOD workplace
climate surveys with respect to xenophobic incidents. (10
minutes)
84. Cohen (TN): Directs the Department of Defense to submit
a report to Congress a list of countries that have consented to
host Russian military forces and a list of countries where
Russian military forces are deployed in violation of the
territorial sovereignty of countries. (10 minutes)
85. Cohen (TN): Directs the Department of Defense to submit
a report to Congress on its progress in modernizing its
financial management enterprise. (10 minutes)
86. Cohen (TN): Directs the Comptroller General of the
United States to study the school-to-prison pipeline and the
advantages of using restorative practices in schools. (10
minutes)
87. Cole (OK), Luria (VA): Aligns medical benefits offered
under TRICARE's Extended Care Health Option (ECHO) program for
special needs dependents with current state offerings available
under Medicaid Home and Community-Based Services (HCBS)
waivers. Requires a GAO study on best practices and
recommendations for caregiving available through ECHO. (10
minutes)
88. Collins, Doug (GA): Expands Tricare Reserve Select
coverage of hearing aid devices to the dependents of National
Guard members and members of Reserve components. ( 10 minutes)
89. Connolly (VA): Reforms and codifies the Federal Risk
and Authorization Management Program (FedRAMP). This amendment
is the text of the bipartisan, House-passed H.R. 3941. (10
minutes)
90. Connolly (VA), Chabot (OH), Bera (CA), Fitzpatrick
(PA), Larsen, Rick (WA), Wagner (MO): Re-establishes the
government-wide lead for pandemic response, establishes an
lnteragency Review Council charged with implementing U.S.
commitments under the Global Health Security Agenda, and
requires a global health security strategy. This is the text of
the bipartisan Global Health Security Act (H.R. 2166), which
passed HFAC unanimously and was included in House-passed HEROES
Act (H.R. 6800). (10 minutes)
91. Connolly (VA), Turner (OH), King, Peter (NY), Wexton
(VA): Codifies existing policy requiring DoD to report to
National Instant Criminal Background Check System (NICS)
servicemembers with felony domestic violence convictions who
are prohibited from purchasing firearms pursuant to current
law. (10 minutes)
92. Connolly (VA), Fitzpatrick (PA): Clarifies that
qualifying subcontractors and subgrantees are afforded
whistleblower protections against reprisal when disclosing
information about gross mismanagement or waste of federal
funds. (10 minutes)
93. Connolly (VA), Hice (GA): Authorizes permanently the
United States Patent and Trademark Office teleworking pilot
program established by the Telework Enhancement Act of 2010.
(10 minutes)
94. Cooper (TN), Walberg (Ml), Comer (KY): Requires federal
agencies to report on their federal program activities and
provide that information to OMB. Information would be published
online as a complete inventory of the federal government's
programs to increase transparency, and identify wasteful
spending and duplicate programs. (10 minutes)
95. Correa (CA): Directs the Secretary of Defense to
conduct a study and report on ROTC recruitment. The report will
determine if individuals recruited in different levels of
education are more likely to achieve or receive recommendations
for higher positions and if it impacts diversity in leadership.
(10 minutes)
96. Correa (CA): Directs the Secretaries of Defense and
Veterans' Affairs to conduct a study and report on the
feasibility of having a VA representative present at
separations courses to set up premium eBenefits accounts to
streamline the identity verification process. (10 minutes)
97. Cox (CA), Stauber (MN): Requires a report on unclaimed
funds (within 180 days) at VA in order to determine: how much
there is in possible discretionary funding for future fiscal
years and a way to keep unclaimed funds beyond the point of
claim eligibility at VA so as to serve as pay-for for other
projects and programs. (10 minutes)
98. Cox (CA), Young (AK): Requires a report regarding the
transportation of the remains of decedents under the
jurisdiction of the Secretary of a military department pursuant
to section 1481 of title 10, United States Code. (10 minutes)
99. Cox (CA), Herrera Beutler (WA): Requires a report/cost
analysis to be done (within 120 days) on the cost of providing
TRICARE to every individual currently in the Health Professions
Scholarship Program which is run by Army, Navy, Air Force. (10
minutes)
100. Craig (MN): Adds $30 Million to the Army Community
Services account to provide family assistance, victim advocacy,
financial counseling, employment readiness, and other similar
support services at installations where 500 or more military
members are assigned. (10 minutes)
101. Crawford (AR): Postpones conditional designation of
Explosive Ordnance Disposal Corps as a basic branch of the
Army, directs EOD commandant to ensure EOD soldiers receive
enhanced combat mobility training to support special operations
(airborne, air assault, combat diver, etc.) (10 minutes)
102. Crawford (AR): Adds Explosive Ordnance Disposal to the
list of Special Operations Activities in Section 167(k) of
Title 10, USC. (10 minutes)
103. Crawford (AR): Streamlines service EOD equipment
acquisitions. (10 minutes)
104. Crawford (AR): Requires the federally funded research
and development corporation to solicit input from relevant
nonprofit organizations, such as the National Defense
Industrial Association EOD Committee, United States Army EOD
Association, United States Bomb Technician Association, and the
EOD Warrior Foundation when conducting the study directed by
Section 1702. (10 minutes)
105. Crenshaw (TX): Establishes the use of the same system
and rank structure in Space Force as is used in the Navy. (10
minutes)
106. Crist (FL): Report on the effect of COVID-19 on the
space industrial base and space programs of the Department of
Defense. (10 minutes)
107. Crist (FL), Bilirakis (FL): Requires a report on the
use of the juvenile health care records of dependents when they
try to join the military as an adult. (10 minutes)
108. Crist (FL), Bilirakis (FL): Directs GAO to study the
transferability of military certifications to civilian
occupational licenses and certifications. (10 minutes)
109. Crow (CO): Updates the space strategy and assessment
requirement to include Iran and North Korea, and adds the
Director of National Intelligence as a tasked senior official.
(10 minutes)
110. Crow (CO), Stefanik (NY): Directs the Secretary of
Health and Human Services to clarify the roles and
responsibilities of the agencies tasked with executing the
national biodefense strategy; and requires a report by the
Secretary of Defense on pandemic/biodefense organization,
authorities, and roles and responsibilities specific to the
Department of Defense. (10 minutes)
111. Cuellar (TX): Encourages contact between members of
the Armed Forces who are participating in the Transition
Assistance Program and local communities to promote employment
opportunities. (10 minutes)
112. Cunningham (SC), Palazzo (MS), Fitzpatrick (PA), King,
Peter (NY), Bustos (IL): Requires the Department of Defense to
provide a National Guard member separating from active service
after full-time duty in support of the government response to
COVID-19 with the transitional health benefits provided to a
separating active-duty reservist. (10 minutes)
113. Curtis (UT), Malinowski (NJ), Yoho (FL), Phillips
(MN): Adds a mandate to the State Department's Annual Report on
Human Rights Practices to report on the use of advanced
technology surveillance equipment. (10 minutes)
114. Davis, Rodney (IL): Directs the National Institute of
Standards and Technology to carry out a program that will
improve the United States' capacity for verifying and
manufacturing advanced microelectronics. (10 minutes)
115. Davis, Susan (CA): Fences funding until required
Nuclear Weapons Council briefings are provided and requires
additional updates to Congress. (10 minutes)
116. DeFazio (OR), Graves, Sam (MO), Gibbs (OH), Maloney,
Sean (NY), Pappas (NH): Includes four acts amending Title 46
relating to and supporting the maritime industry. (10 minutes)
117. DeFazio (OR), Graves, Sam (MO), Maloney, Sean (NY),
Gibbs (OH): Adds the Elijah E. Cummings Coast Guard
Authorization Act of 2020, which reauthorizes the Coast Guard
and Federal Maritime Commission (FMC), and includes report
requirements, demonstration program authorizations, and new
regulatory mandates for the Coast Guard that will help them
better execute their 11 statutory missions. This bipartisan
legislation includes provisions that will further strengthen
the Coast Guard by expanding the use of unmanned systems,
assessing Coast Guard operational authorities, strengthening
shore infrastructure, and increasing gender and racial
diversity within the service. (10 minutes)
118. DelBene (WA): Specifically adds domestic content
preferences for aluminum for funds administered by the
Department of Defense, Federal Highway Administration, Federal
Transit Administration, Federal Railroad Administration,
Federal Aviation Administration, and Amtrak. (10 minutes)
119. DelBene (WA), McMorris Rodgers (WA): Requires the
Secretary of Defense to submit a report on how authorities
under the Defense Production Act could be used to increase
activities related to refining aluminum and the development of
processing and manufacturing capabilities for aluminum. (10
minutes)
120. Delgado (NY), Garcia, Sylvia (TX): Requires the
Department of Veterans Affairs (VA) to publish a report
regarding veterans who receive VA benefits, including those who
receive benefits under the Transition Assistance Program. The
report must be disaggregated by sex and minority group member
status. (10 minutes)
121. Delgado (NY), Speier (CA), Gallagher (WI), Kildee
(MI), Welch (VT), Rouda (CA), Dingell (MI), Fitzpatrick (PA),
Pappas (NH): Clarifies Congressional intent by requiring
manufacturers to disclose all PF AS discharges over 100 lbs.
The FY 2020 NDAA required EPA to add several different kinds of
PFAS to the EPA's Toxics Release Inventory with a default
reporting threshold of 100 lbs. EPA's implementation of the
rule has exempted manufacturers from reporting their PFAS
discharges if the chemical is below 1% of a mixture. (10
minutes)
122. Deutch (FL), Wilson, Joe (SC), Lieu (CA), Waltz (FL),
Hastings (FL): Adds the Robert Levinson Hostage Recovery and
Hostage-Taking Accountability Act, which codifies US government
hostage recovery and response policy, increases US government
support to families of hostages, and authorizes sanctions
against those who engage in hostagetaking. (10 minutes)
123. Engel (NY), McCaul (TX), Sires (NJ), Torres, Norma
(CA), Wagner (MO): Requires U.S. government prioritization of
democratic governance, anti-corruption efforts, security and
prosperity in the Northern Triangle; and puts in place targeted
sanctions to fight corruption in the region. (10 minutes)
124. Engel (NY), McCaul (TX), Malinowski (NJ), Vela (TX):
Authorizes the President to make direct loans for the purchase
of NATO-interoperable equipment to NATO allies that meet
democratic benchmarks; authorizes rewards for providing
information on foreign election interference; requires reports
on NATO members' contributions to the alliance, the capability
and capacity requirements of Ukraine's navy and air force,
malign Russian and Chinese influence in Serbia, and potential
violations of CAATSA. (10 minutes)
125. Engel (NY), Malinowski (NJ): Amends Sec. 1041 (Support
of Special Operations to Combat Terrorism) to include reporting
on the entities with which foreign forces receiving US support
are in hostilities and steps taken to ensure support is
consistent with United States objectives and human rights;
clarifies authority related to war powers and laws of armed
conflict. (10 minutes)
126. Engel (NY), Malinowski (NJ): Provides support to the
transitional government of Sudan, promotes accountability for
human rights abuses, and encourages fiscal transparency. While
supporting the country's transition to democracy, H.R. 6094
puts guardrails on elements of the security and intelligence
services to prevent them from derailing the transition. (10
minutes)
127. Engel (NY), McCaul (TX): Comprises elements of the
Department of State Authorization Act that passed the House in
July 2019 on suspension, which strengthen the management and
operations of the State Department, including measures to
bolster embassy and information security, recruit and retain a
diverse workforce, and improve the Department's capacity to
carry out public diplomacy and anti-corruption activities. (10
minutes)
128. Engel (NY), Thompson, Bennie (MS), Deutch (FL), Rose,
Max (NY), Langevin (RI), Stefanik (NY), Schiff (CA):
Establishes an independent commission in the legislative branch
to assess and make recommendations to Congress and the
President regarding United States counterterrorism objectives,
priorities, capabilities, policies, programs, activities and
legal frameworks in an era when the United States confronts
evolving terrorism threats and a growing number of other
domestic and international challenges. (10 minutes)
129. Engel (NY): Establishes a program to prevent,
mitigate, and respond to civilian harm as a result of military
operations conducted by the Somalia National Army, the African
Union Mission in Somalia, and during operations in which U.S.
Armed Forces provide operational support to these entities. (10
minutes)
130. Engel (NY): Includes findings on the national security
importance of the U.S.-Japan alliance and U.S. troops stationed
in Japan. It also requires a report from the Secretary of
Defense on details of the cost-sharing arrangement for U.S.
troops in Japan in light of upcoming negotiations between the
United States and Japan on revising and extending that
agreement. (10 minutes)
131. Eshoo (CA): Amends existing biannual reporting
requirements related to the DOD's Joint Artificial Intelligence
Center (JAIC) to include a description of the contribution to
the development by the JAIC and DOD to AI standards. (10
minutes)
132. Eshoo (CA), Gonzalez, Anthony (OH): Amends existing
biannual reporting requirements related to the DOD's Joint
Artificial Intelligence Center to include position descriptions
for roles that servicemembers take after the conclusion of
their assignment with the JAIC. (10 minutes)
133. Evans (PA), Spano (FL): Allows participants in a
contracting program to extend their participation for an
additional year. (10 minutes)
134. Finkenauer (IA): Extends university consortia
contracts until 2026 and requires the Defense Department to
enter into no fewer than four pilot contracts and report to
Congress. (10 minutes)
135. Fitzpatrick (PA), Kilmer (WA): Improves Department of
Defense and landlord response to identification and remediation
of severe environmental health hazards in military housing. (10
minutes)
136. Fletcher (TX): Ensures servicemembers are able to
finish the Skillsbridge job training program once admitted. (10
minutes)
137. Fortenberry (NE), Ruppersberger (MD): Expresses a
sense of Congress that it is in the best interests of the
stability of the region for Egypt, Ethiopia, and Sudan to
immediately reach a just and equitable agreement regarding the
filling and operation of the Grand Ethiopian Renaissance Dam.
(10 minutes)
138. Foxx (NC), Speier (CA): Requires the Department of
Defense to consult with stakeholders to develop guidelines for
the acquisition of intellectual property (e.g., technological
processes), to include model forms and definitions of key
terms. (10 minutes)
139. Frankel (FL), Keating (MA), Waltz (FL): Requires the
Department of Defense, in coordination with the Department of
State, to conduct a pilot partner country assessment on the
barriers to women's participation in the national security
forces of six participating partner countries. Requires the
Secretary of Defense to encourage admitting diverse
individuals, including women, to each military service academy
and to engage with elementary schools, secondary schools,
postsecondary educational institutions, and nonprofits to
support activities related to implementing the Women, Peace,
and Security Act of 2017. (10 minutes)
140. Gabbard (HI): Clarifies the Department of Defense
policy on over the counter products with a small amount of hemp
in them that are legal under Federal law. (10 minutes)
141. Gabbard (HI): Requires the President, in consultation
with the Secretary of State, the Secretary of the Treasury, the
Secretary of Commerce, the Administrator of the United States
Agency for International Development, and the United States
Ambassador to the United Nations to submit a report to Congress
on humanitarian impacts of all comprehensive sanctions. (10
minutes)
142. Gabbard (HI), Raskin (MD): Exempts the Uniformed
Services University from the Paperwork Reduction Act and allows
for quicker access to doctoral papers and experiment results
among the wider scientific community. (10 minutes)
143. Gabbard (HI): Creates an online program that teaches
civilian health care providers how to handle veterans. It would
also inform separating service members of the need to inform
their health care providers that they served. (10 minutes)
144. Gabbard (HI): Requires a report by the Office of
Inspector General of all service members discharged in the last
20 years, for bad conduct and dishonorable discharges,
reviewing the demographics (including sex, age, religion,
tribal affiliation, ethnicity, heritage), reason for discharge,
whether complaints were filed within their chain of command for
any reason, including but not limited to fraud, waste, abuse,
noncompliance with federal or military law, sexual assault,
sexual abuse, or sexual trauma. The goal is to identify
existing disparities in how the military treats minorities,
women, or service members trying to get justice or blow the
whistle by issuing a study to collect this data in order to
better address discrimination and sexual assault as it relates
to how we treat certain discharges. (10 minutes)
145. Gallagher (WI), Malinowski (NJ): Directs GAO to do a
report on ZTE's compliance with the settlement agreement it
reached with the Department of Commerce on June 8, 2018. (10
minutes)
146. Gallagher (WI), Courtney (CT): Requires a briefing on
the supply chain for small unmanned aircraft system components.
(10 minutes)
147. Gallagher (WI), Courtney (CT), Yoho (FL), Turner (OH),
Conaway (TX), Hartzler (MO), Gaetz (FL): Prohibits federal
operation or procurement of certain foreign-made unmanned
aircraft systems. (10 minutes)
148. Gohmert (TX), Flores (TX): Outlines the instruction
that no soldier may brief another on a pending case because
they are potential jury members. (10 minutes)
149. Golden (ME), Bergman (Ml): Requires the Department of
Defense (DOD) and Department of Veterans Affairs (VA) to ask
servicemembers and veterans who have tested positive for a
virus designated by the federal government as a pandemic,
including COVlD-19, if they were previously exposed to burn
pits, so they can properly address their medical needs and
ensure they receive proper care. Servicemembers and veterans
exposed to toxic airborne chemicals or stationed near an open
burn pit will also be enrolled in the Airborne Hazards and Open
Burn Pit Registry, unless they choose to opt out. (10 minutes)
150. Golden (ME), Wittman (VA): Makes the National Parks
and Federal Recreational Lands Pass Program free for Gold Star
Families. The pass covers entrance fees at national parks and
national wildlife refuges as well as standard amenity fees at
national forests and grasslands, and at lands managed by the
Bureau of Land Management and Bureau of Reclamation. (10
minutes)
151. Gonzalez, Anthony (OH), Heck (WA): Directs the U.S.
Governor for the World Bank to instruct the U.S. representative
to the Bank that it is U.S. policy to pursue China's graduation
from World Bank assistance, consistent with the Bank's
eligibility criteria and requires the Governor to report to
Congress on U.S. efforts to secure China's graduation. The
Department of the Treasury shall report to Congress on debt
transparency and debt management assistance efforts in relation
to credit provided by China to other countries, including
through China's Belt and Road Initiative. (10 minutes)
152. Gonzalez-Colon, Jenniffer (PR), Murphy, Stephanie
(FL), Soto (FL): Expresses the House of Representatives'
support for the designation of ``National Borinqueneers Day''
in honor of the 65th Infantry Regiment, a U.S. Army unit
consisting mostly of soldiers from Puerto Rico that was awarded
the Congressional Gold Medal on April 13, 2016. (10 minutes)
153. Gonzalez-Colon, Jenniffer (PR), Murphy, Stephanie
(FL): Requires DOD to brief congressional defense committees on
the feasibility, benefits, and costs of extending eligibility
to enroll in TRI-CARE Prime to eligible beneficiaries who
reside in Puerto Rico and other United States territories. (10
minutes)
154. Gosar (AZ), Amodei (NV), Hartzler (MO), Hice (GA),
Stauber (MN): Directs the Under Secretary of Defense for
Acquisition and Sustainment to issue guidance that ensures the
elimination of United States dependency on rare earth materials
from China by fiscal year 2035. (10 minutes)
155. Gottheimer (NJ): Requires the Secretary of Defense, in
coordination with the Secretary of State, to report to Congress
on the use of online social media by U.S. State Department-
designated foreign terrorist organizations, and the threat
posed to U.S. national security by online radicalization. (10
minutes)
156. Gottheimer (NJ): Ensures members of the National Guard
responding to the COVlD-19 pandemic are provided with 14 days
of housing to quarantine safely. (10 minutes)
157. Gottheimer (NJ): Ensures public disclosure of results
from lead and copper testing at Department of Defense Education
Activity (DoDEA) schools. (10 minutes)
158. Gottheimer (NJ): Requires the Under Secretary of
Defense for Personnel and Readiness to prepare an annual report
to Congress containing an analysis of the nationwide costs of
living for members of the Department of Defense. (10 minutes)
159. Graves, Garret (LA): Authorizes the service
secretaries to award the Vietnam Service medal to veterans who
participated in Operation End Sweep. (10 minutes)
160. Graves, Garret (LA), Thompson, Mike (CA): Authorizes
the National Guard to be reimbursed in a timely manner in
response to an emergency declared under the Stafford Act. (10
minutes)
161. Green, Al (TX), Langevin (RI), Katko (NY), Gallagher
(WI): A GAO study to assess and analyze the state and
availability of insurance coverage in the United States for
cybersecurity risks and provide recommendations. (10 minutes)
162. Green, Mark (TN), Langevin (RI), Gallagher (WI), Katko
(NY): Enhances CISA's ability to both protect federal civilian
networks and provide useful threat intelligence to critical
infrastructure by authorizing continuous threat hunting on the
.gov domain. This will enable CISA to quickly detect, identify,
and mitigate threats to federal networks from malware,
indicators of compromise, and other unauthorized access. (10
minutes)
163. Haaland (NM), Castro (TX), Wild (PA), Grijalva (AZ),
Omar (MN), Espaillat (NY), Clay (MO), Cardenas (CA), Lowenthal
(CA), Kennedy (MA), Ocasio-Cortez (NY), Johnson, Hank (GA):
Prevents U.S. taxpayer money from assisting Bolsonaro in
relocating indigenous or Quilombola communities in Brazil. (10
minutes)
164. Haaland (NM), Waltz (FL), Speier (CA), Norton (DC),
Chu (CA), Bustos (IL), Houlahan (PA), Beyer (VA), Cisneros
(CA), Fitzpatrick (PA), Escobar (TX), Brownley (CA), Dingell
(MI), Turner (OH), Frankel (FL), Brown (MD), Lawrence (MI),
Garcia, Sylvia (TX), Underwood (IL), Nadler (NY): Requires the
Secretary of Defense, in coordination with the Secretaries of
the military departments, to develop a plan that ensures Armed
Forces members are not unduly affected due to pregnancy,
childbirth, or medical condition arising from pregnancy or
childbirth. (10 minutes)
165. Hagedorn (MN), Evans (PA): Requires a contracting
officer to consider the relevant past performance experience of
first-tier small business subcontractors and small business
joint venture members. Currently, contracting officers are
under no obligation to consider such past performance,
preferring only to consider prime past performance, regardless
of how relevant it might be to the current contract; this
amendment requires contracting officers to consider such
relevant past performance of a small subcontractor or small
business joint venture member when making contract award
decisions. (10 minutes)
166. Harder (CA), Wenstrup (OH), Bustos (IL), Brindisi
(NY): Revises the conditions allowing a service member to
terminate a telecommunications service contract after the
service member receives military orders to relocate. It also
allows a spouse or dependent to terminate the contract if a
service member dies while in military service or a member of
the reserve components performing full-time or active reserve
duty or inactive-duty training or if a service member incurs a
catastrophic injury or illness while in military service. (10
minutes)
167. Hastings (FL), Panetta (CA), Kennedy (MA): Expresses
the sense of Congress that the decision to withdraw from the
Treaty on Open Skies did not comply with Section 1234(a) of the
2020 National Defense Authorization Act and that confidence and
security building measures remain vital to the strategic
interests of our NATO allies and partners (10 minutes)
168. Hastings (FL): Expresses the sense of Congress that
the Department of Defense should develop an integrated master
plan for pursuing Net Zero initiatives and reductions in fossil
fuels. (10 minutes)
169. Hayes (CT), Gooden (TX), Torres, Norma (CA): Increases
authorized funding levels for Air Force university research,
development, test and evaluation initiatives by $5,000,000. (10
minutes)
170. Higgins, Brian (NY): Authorizes the Secretary of
Defense to contribute $5,000,000 to support the National
Maritime Heritage Grants program. (10 minutes)
171. Hill, French (AR): Extends the WWI Valor Medals Review
by two years. (10 minutes)
172. Hill, French (AR), Cleaver (MO): Establishes a United
States policy at the international financial institutions
(IFIs) to pursue greater transparency with respect to the terms
and conditions of financing by the People's Republic of China
to IFI member countries. Requires the Secretary of the Treasury
to submit to Congress progress reports on advancing this policy
at the IFIs. These provisions passed the House unanimously as
the Ensuring China Debt Transparency Act (H.R. 5932) on March
2, 2020. (10 minutes)
173. Horn (OK), Olson (TX): Authorizes appropriations to
establish a federal initiative to accelerate and coordinate
Federal investments and facilitate new public-private
partnerships in research, standards, and education in
artificial intelligence in order to ensure the United States
leads the world in the development and use of trustworthy
artificial intelligence systems. (10 minutes)
174. Horn (OK): Increases the funding authorization for Air
Force Reserve Contractor Systems Support. (10 minutes)
175. Horsford (NV), Titus (NV), Lee, Susie (NV), Cox (CA):
Strikes section 2844 and replaces it with a new section to
rectify inconsistencies, remove the dispute resolution
provision, promote management coordination, and clarify the
Secretary of the Interior has administrative jurisdiction over
refuge lands, the Secretary of the Air Force has primary
jurisdiction over bombing impact areas, and the refuge is
managed subject to the Refuge Administration Act. This
amendment continues to include no expansion of the existing
range and increased access for tribes and the Fish and Wildlife
Service. (10 minutes)
176. Houlahan (PA), Fitzpatrick (PA), Dean (PA), Welch
(VT), Stevens (MI): Increases the authorization for the CDC
study of PFAS health implications from $10 million to $15
million. (10 minutes)
177. Houlahan (PA): Requires DOD to assess each DOD
component's cyber hygiene and requires a GAO assessment of that
report. (10 minutes)
178. Hudson (NC): Requires the Commander of USSOCOM to
submit a report on the Preservation of the Force and Family
(POTFF) program's types of professional employment and ability
to meet current and future needs. (10 minutes)
179. Jackson Lee (TX), Langevin (RI), Gallagher (WI), Katko
(NY), Bishop, Sanford (GA), Carson (IN), Joyce, John (PA):
Implements a recommendation made by the Cyberspace Solarium
Commission to require the Secretary of Homeland Security to
develop a strategy to implement Domain-based Message
Authentication, Reporting, and Conformance (DMARC) standard
across U.S.-based email providers. (10 minutes)
180. Jackson Lee (TX): Requires the the Director of the
Federal Bureau of Investigation, the Under Secretary of
Homeland Security for Intelligence and Analysis, and the
Director of National Intelligence to report to Congress, in not
less than 180 days, an evaluation of the nature and extent of
the domestic terror threat and domestic terrorist groups. (10
minutes)
181. Jackson Lee (TX): Provides authorization for $2.5
million increase in funding to combat post-traumatic stress
disorder (PTSD). (10 minutes)
182. Jackson Lee (TX), Thompson, Bennie (MS), Clay (MO),
Meeks (NY), McEachin (VA), Veasey (TX), Bishop, Sanford (GA),
Carson (IN), Hayes (CT): Directs the Secretary of Defense to
report on the number of military bases, installations, and
facilities that are named after African Americans; and directs
each Secretary responsible for a branch of the military to
establish a review process to consider the naming of military
installations and covered defense property under the
jurisdiction of that Secretary after African Americans who
served in the Armed Forces with honor, heroism, and distinction
and are deserving of recognition. (10 minutes)
183. Jackson Lee (TX): Provides authorization for a $10
million increase in funding for increased collaboration with
NIH to combat Triple Negative Breast Cancer. (10 minutes)
184. Jayapal (WA): Directs federal agencies to initiate
debarment proceedings for contractors with repeat and willful
wage theft violations. (10 minutes)
185. Jeffries (NY): Encourages the Department of Defense to
build partnerships with minority and women-owned Department of
Defense contractors to establish STEM apprenticeships and
internships. (10 minutes)
186. Johnson, Hank (GA): Renews a reporting requirement on
U.S. Government foreign police training and equipping programs
for FYs 2023, 2024, and 2025. (10 minutes)
187. Johnson, Mike (LA), Suozzi (NY): Requires a report
from the Secretary of Defense on the activities of China's
United Front Work Department in the United States and the
extent to which these activities pose a threat to U.S. national
security and national defense. (10 minutes)
188. Johnson, Mike (LA): Expresses the sense of Congress
that the Secretary of Defense should include in existing
reporting, an assessment of and recommendations to address,
gaps or vulnerabilities within the National Technology and
Industrial Base Sector that enable theft of intellectual
property critical to the development and long-term
sustainability of defense technologies. (10 minutes)
189. Johnson, Mike (LA), Crist (FL), Vela (TX): Expresses a
sense of Congress for the United States and its allies at NATO
Summits to prioritize deterring Russian aggression. (10
minutes)
190. Johnson, Mike (LA): Directs the Secretary of Defense
to assess the extent to which the government of Afghanistan is
combatting gross human rights violations and promoting
religious freedom in the region. (10 minutes)
191. Johnson, Mike (LA): Requires Defense Secretary to
consider additional installations for purposes of the 5G test
bed program. (10 minutes)
192. Joyce, John (PA), Houlahan (PA): Directs SBA to
develop a training curriculum on category management for staff
of Federal agencies with procurement or acquisition
responsibilities. Such training would consist of best practices
for purchasing goods and services from small businesses. (10
minutes)
193. Keating (MA), Vela (TX): Requires that if POTUS
invokes the Defense Production Act in the context of a global
pandemic, the U.S. shall coordinate with NATO and other allied
countries to address supply chain gaps and promote access to
vaccines and other remedies. (10 minutes)
194. Keating (MA), Wagner (MO), Frankel (FL), Malinowski
(NJ): Requires a strategy for U.S. engagement in Afghanistan
subsequent to any Afghan reconciliation agreement to support
the implementation of commitments to women and girls' inclusion
and empowerment and protection of basic human rights in
Afghanistan. (10 minutes)
195. Keating (MA), Fitzpatrick (PA), Kim (NJ), Curtis (UT),
Suozzi (NY), Phillips (MN): Establishes an interagency task
force to coordinate U.S. government efforts to fight foreign
public corruption and a fund to support those efforts. (10
minutes)
196. Keating (MA): Requires reporting on financial and non-
financial institutions operating outside of the United States,
classes of transactions, jurisdictions outside of the United
States, and accounts for which there are reasonable grounds to
conclude are of primary money laundering concern in connection
with Russian illicit finance. (10 minutes)
197. Keating (MA), Engel (NY): Reforms the authorities of
the CEO of the US Agency for Global Media and International
Broadcasting Advisory Board. (10 minutes)
198. Keller (PA), Reschenthaler (PA): Requires the
Secretary to prioritize domestic procurement of tungsten and
tungsten powder to meet defense needs. (10 minutes)
199. Khanna (CA), Gallagher (WI): Expresses a sense of the
Congress that the National Science Foundation is critical to
the expansion of the frontiers of scientific knowledge and
advancing American technological leadership in key
technologies, and that in order to continue to achieve its
mission in the face of rising challenges from strategic
competitors, the National Science Foundation should receive a
significant increase in funding, expand its use of its existing
authorities to carry out new and innovative types of
activities, consider new authorities that it may need, and
increase existing activities such as the convergence
accelerators aimed at accelerating the translation of
fundamental research for the economic and national security
benefit of the United States. (10 minutes)
200. Kildee (MI): Requires DoD to set up a dissent channel
to allow members of the Armed Forces and civilian employees to
express views regarding US national security policy without
fear of retribution. (10 minutes)
201. Kildee (MI): Requires the DoD to create and implement
a training program for members of the Armed Forces and
employees of DoD regarding foreign disinformation campaigns
targeting them. (10 minutes)
202. Kilmer (WA), Heck (WA): Expands the quality of life
criteria for the Defense Communities Infrastructure Program to
include projects that address `installation commuter workforce
issues' to help improve the quality of life for active duty and
civilian workforce living off base. (10 minutes)
203. Kilmer (WA): Extends the authorization of the current
overtime rate authority for Department of the Navy employees
performing work aboard or dockside in support of the nuclear-
powered aircraft carrier forward deployed in Japan which is set
to expire on 30 September 2021. (10 minutes)
204. Kilmer (WA), King, Peter (NY), Murphy, Stephanie (FL),
Hurd (TX), Clarke, Yvette (NY): Requires the Science and
Technology Directorate in the Department of Homeland Security
to report at specified intervals on the state of digital
content forgery technology. Digital content forgery is the use
of emerging technologies, including artificial intelligence and
machine learning techniques, to fabricate or manipulate audio,
visual, or text content with the intent to mislead. (10
minutes)
205. Kinzinger (IL), Spanberger (VA): Requires a
determination on the imposition of sanctions with respect to
the Government of Turkey's acquisition of the S-400 air and
missile defense system from the Russian Federation. (10
minutes)
206. Kinzinger (IL), Axne (IA), Cole (OK), Malinowski (NJ),
McMorris Rodgers (WA), Loebsack (IA), Olson (TX), Miller (WV),
Cloud (TX), Guest (MS), Palazzo (MS), Kelly, Trent (MS),
Finkenauer (IA): Prohibits the divestment of the RC-26B ISR/IAA
platform. (10 minutes)
207. Kirkpatrick (AZ): Amends Section 2684a of title 10,
United States Code, to facilitate agreements with States and
other Federal agencies in order to limit encroachments and
other constraints on military training, testing, and
operations. (10 minutes)
208. Kirkpatrick (AZ), Gallego (AZ): Adds language to
ensure greater transparency from the USAF with the AlO aircraft
re-wing effort. (10 minutes)
209. Krishnamoorthi (IL): Requires the Secretary of Defense
to provide a report to Congress on the effectiveness of
readiness contracts in meeting the military's prescription drug
supply needs and how the contractual approach can be a model
for responding to drug shortages in the civilian health care
market. (10 minutes)
210. Krishnamoorthi (IL), Khanna (CA), Pallone (NJ), Suozzi
(NY), Yoho (FL), Holding (NC), Jackson Lee (TX), Stevens (MI),
Chabot (OH): Expresses the sense of Congress on cross-border
violence between the Government of the People's Republic of
China and India and the growing territorial claims of the
government of the People's Republic of China. (10 minutes)
211. Kuster (NH), Bacon (NE): Directs GAO to study the
vulnerabilities created by foreign call centers supporting the
Department of Defense. (10 minutes)
212. Kuster (NH), Stivers (OH): Directs the Secretary of
Veterans' Affairs to study the cause for post-9/11 veterans who
are women experiencing joblessness at a higher rate than the
rest of the veterans community. (10 minutes)
213. Kuster (NH), Pappas (NH), Welch (VT): Directs the Army
Corp of Engineers, Engineer Research and Development Center
(ERDC) to reopen all childcare facilities closed in FY20. ERDC
announced it would permanently close a childcare facility
located at a base in Hanover, NH in June 2020, disrupting the
regional childcare network by forcing it to absorb an influx of
children and creating additional uncertainty for families
during a pandemic. (10 minutes)
214. Kuster (NH), Katko (NY): Directs the Department of
Defense to consider the role of overdose reversal drugs in
their policy and data tracking to prevent opioid overdoses. (10
minutes)
215. Kustoff (TN): Expresses Congressional intent that the
Secretary of the Army may convey to the City of Milan,
Tennessee parcels of real property of the Milan Army Ammunition
Plant, Tennessee, consisting of approximately 292 acres and
commonly referred to as Parcels A, B and C. (10 minutes)
216. Lamb (PA), Bost (IL), Weber (TX), Pappas (NH):
Authorizes members of the U.S. Coast Guard to participate in
the Department of Defense's SkillBridge program, which connects
transitioning servicemembers with workforce training
opportunities. (10 minutes)
217. Lamb (PA), Garcia, Mike (CA): Directs the National
Oceanic and Atmospheric Administration (NOAA) to establish a
Center for Artificial Intelligence within the National Center
for Environmental Information (NCEI). (10 minutes)
218. Lamborn (CO): Requires the SecDef, in consultation
with SecAF and CSO, to report on DOD processes and procedures
for identifying and securing frequency licenses for national
security space ground assets. (10 minutes)
219. Langevin (RI), Thompson, Bennie (MS), Richmond (LA),
Katko (NY), Lynch (MA), Gallagher (WI): Allows CISA to issue
administrative subpoenas to ISPs to identify and warn entities
of cyber security vulnerabilities. (10 minutes)
220. Langevin (RI), Gallagher (WI): Codifies the
responsibilities of the sector risk management agencies with
regard to assessing and defending against cyber risks. (10
minutes)
221. Latta (OH): Directs the Secretary of Defense to
establish performance measures regarding the Armed Forces'
Credentialing Opportunities OnLine (COOL) programs so that
entities interested in the success of separating service-
members can accurately gauge the success and effectiveness of
such programs. These performance measures include the
percentage of members of the Armed Forces who participate in a
professional credential program; the percentage of members of
the Armed Forces who have completed a professional credential
program; and the percentage of members of the Armed Forces who
are employed not later than one year after separation or
release from the Armed Forces. (10 minutes)
222. Lawrence (Ml): States that each Secretary of a
military department shall--(1) share lessons learned and best
practices on the progress of plans to integrate members of the
Armed Forces who identify as belonging to a minority group into
the military department under the jurisdiction of the Secretary
and (2) strategically communicate such progress with other
military departments and the public. (10 minutes)
223. Lawrence (MI), Escobar (TX), Dean (PA): Directs the
Secretary of Defense to develop a policy that defines conscious
and unconscious gender bias and provides guidance to eliminate
conscious and unconscious gender bias. (10 minutes)
224. Lawrence (MI), Lesko (AZ), Dean (PA), Gonzalez-Colon,
Jenniffer (PR): Requires each Secretary of a military
department to develop and implement policies to ensure that the
career of a member of the Armed Forces is not negatively
affected as a result of such member becoming pregnant. (10
minutes)
225. Levin, Andy (MI), Tonko (NY), Khanna (CA), Kildee
(MI), Welch (VT): Places a moratorium on the incineration of
PFAS materials by the DOD until the Secretary of Defense
finalizes guidance on the PFAS safe disposal regulations
required by section 330 of the NDAA for Fiscal Year 2020 and
requires the Secretary of Defense to submit an annual report on
all PFAS incineration by the DOD each year to the EPA
Administrator, beginning one year after publication of the
final PFAS safe disposal regulation guidelines. (10 minutes)
226. Levin, Andy (MI), Dean (PA), Posey (FL), Fitzpatrick
(PA), Kildee (MI): Modifies the section on public disclosure of
DOD testing for PFAS on military installations and former
defense sites to require the publication of results online
within seven days, or within 30 days if the results are put
into the Federal Register. (10 minutes)
227. Levin, Andy (MI), Dean (PA), Posey (FL), Kim (NJ),
Kildee (MI): Guarantees servicemembers won't be forced to
shoulder any additional cost for blood testing related to PFAS
exposure. (10 minutes)
228. Levin, Mike (CA), Cardenas (CA): Expands SCRA
protections to a servicemember who receives military orders for
a PCS, enters into a telecommunications contract, then receives
a stop movement order from DoD in response to a local,
national, or global emergency for a period of not less than 30
days which prevents them from using the contract. (10 minutes)
229. Levin, Mike (CA), Cardenas (CA): Makes technical
changes to DoD Transition Assistance Program (TAP) counseling
pathway factors regarding disability and discharge. (10
minutes)
230. Levin, Mike (CA), Cardenas (CA): Adds Transition
Assistance Program (TAP) counseling pathway factors regarding
childcare requirements, employment status of household members,
location of duty station, effects of operational and personnel
tempo on the member and household, and Indian status. (10
minutes)
231. Levin, Mike (CA), Torres, Norma (CA): Adds $5 million
to the Naval University Research Initiative and reduces the
Army's Service-Wide Communications account by $5 million. (10
minutes)
232. Lipinski (IL): Requires the Under Secretary of Defense
for Research and Engineering to coordinate with the Under
Secretary of Defense for Policy on the social science,
management science, and information science research in order
to facilitate transition of research findings into Department
strategic documents. (10 minutes)
233. Lucas (OK), Cole (OK): Requires the Secretary of the
Interior to deliver a report to Congress containing the status
of the Oklahoma City National Memorial and a summary of non-
Federal funding that has been raised by the memorial. (10
minutes)
234. Luria (VA), Bacon (NE): Expresses the sense of
Congress that the U.S. affirms our commitments to our Pacific
allies of Japan and the Republic of Korea. (10 minutes)
235. Luria 01 A): Calls attention to musculoskeletal
injuries, one of the top injuries facing warfighters,
recognizes the importance of tissue repair innovations for
these injuries, and encourages continued research and
innovation that is occurring within the Navy's Wound Care
Research program. (10 minutes)
236. Luria (VA): Prohibits the use of authorized funds to
deactivate, unman, or sell Army watercraft assets until the
Secretary of Defense has certified receipt of the Army
Watercraft Study and that the review, analysis, and
recommendations made in the AWS are considered. (10 minutes)
237. Lynch (MA), Hice (GA): Reauthorizes the independent
and bipartisan Commission on Wartime Contracting to ensure
greater oversight of U.S. overseas contracting and
reconstruction spending in Afghanistan, Iraq, Syria, and other
war zones. (10 minutes)
238. Lynch (MA), Connolly (VA), Kelly, Robin (IL), Lawrence
(Ml), Rouda (CA), Welch (VT), Kildee (Ml): Requires the
immediate declassification of previously public data related to
the progress of U.S. security and reconstruction efforts in
Afghanistan. (10 minutes)
239. Lynch (MA), Budd (NC), Rice, Kathleen (NY),
Fitzpatrick (PA), Cohen (TN): Establishes within the Department
of the Treasury the Kleptocracy Asset Recovery Rewards Program.
The bill H.R. 389, which passed off House Floor by UC, rewards
individuals providing information to the government about
assets of a corrupt foreign government that are on deposit with
a U.S. financial institution. (10 minutes)
240. Malinowski (NJ), Wagner (MO), Trone (MD): Requires the
Secretary of State to provide a certification on whether state-
sanctioned intimidation and harassment by the Egyptian
government against Americans and their families constitutes a
``pattern of acts of intimidation or harassment,'' which would
trigger a suspension of security assistance under section 6 of
the Arms Export Control Act. (10 minutes)
241. Malinowski (NJ), Bera (CA), Keating (MA): Provides for
robust reporting and strategy requirements on the Afghan peace
negotiations, evolving conditions on the ground, and monitoring
of agreement implementation. This is a similar companion to a
Menendez-Young Senate NDAA amendment. (10 minutes)
242. Malinowski (NJ), Sherman (CA), Curtis (UT), Gallego
(AZ), Wagner (MO), Omar (MN), Yoho (FL), Clarke, Yvette (NY),
Gallagher (WI), Levin, Andy (Ml), Crenshaw (TX), Castro (TX),
Cohen (TN), Connolly (VA), Deutch (FL), Waltz (FL), Dingell
(Ml), Cicilline (RI): Imposes robust export control policy
requirements on the Commerce Department to address the
surveillance regime being used to target, track, and persecute
Uighurs in Xinjiang. This replicates a provision passed out of
the House of Representatives in December 2019 under suspension
as part of S.178--Uyghur Human Rights Policy Act of 2019. (10
minutes)
243. Maloney, Sean (NY): Requires the inclusion of United
States Service Academies during the establishment of a
comprehensive mentoring program and career development
framework with measurable metric and outcomes to retain the
best and brightest and increase diversity. (10 minutes)
244. Maloney, Sean (NY): Ensures the availability of
certain medical services at U.S. Service Academies, including
emergency room services, orthopedic services, general surgery
services and gynecological services. (10 minutes)
245. Maloney, Sean (NY): Requires the Sec Def and the
Secretaries of the Military Services to include United States
Service Academies when establishing goals for increasing women
and minorities. (10 minutes)
246. Maloney, Sean (NY): Requires all military service
academies to submit a report to the Secretary of Defense and
Congress to include: (1) Anonymized Equal Opportunity Claims
and determinations of academies over the past 20 years, (2)
Results of a climate survey of cadets conducted by an external
entity, (3) A review of educational and extracurricular
instruction to include; (a) A review of courses to ensure the
inclusion of minority communities in authorship and course
content, and; (b) A review of faculty and staff demographics to
determine diversity recruitment practices at these
institutions. (10 minutes)
247. Marshall (KS): Authorizes modifications to the First
Division Monument to honor members of the First Infantry
Division of the U.S. Army who gave the ultimate sacrifice
during Operation Desert Storm and the Global War on Terror. The
amendment does not authorize or require federal funds. (10
minutes)
248. Mast (FL): Authorizes the Department of Defense to
reinstate and transfer officers in medical specialties in the
reserve components of the armed forces previously retired
honorably or under honorable conditions. (10 minutes)
249. McAdams (UT), Gonzalez, Anthony (OH): Directs GAO to
study the shared features among trafficking networks, including
facilitators, finances, and proceeds. Requires GAO to report
recommendations for any legislative or regulatory changes
necessary to combat trafficking or the laundering of proceeds
from trafficking. (10 minutes)
250. McBath (GA), Torres, Norma (CA): Reduces funding by $5
million for operations & maintenance, Army, admin, and
servicewide activities and communications. Increases funding
for university research by $5 million. (10 minutes)
251. McCaul (TX), Engel (NY): Adds the text of Leveraging
Information on Foreign Traffickers (LIFT) Act. This amendment
version is of the Foreign Affairs Committee-adopted R.R. 5664,
which improves USG coordination and information-sharing to
combat international human trafficking, and reauthorizes and
strengthens the survivor-led U.S. Advisory Council on Human
Trafficking. (10 minutes)
252. McCaul (TX), Malinowski (NJ), Kinzinger (IL), Curtis
(UT), Engel (NY), Stewart (UT): Establishes the Open Technology
Fund to promote global internet freedom by countering internet
censorship and repressive surveillance by authoritarian
regimes. This amendment version is the same as H.R. 6621, which
is a bipartisan bill. (10 minutes)
253. McGovern (MA), Engel (NY): Requires the release of
Department of Defense documents on the 1981 El Mozote massacre
in El Salvador to judicial authorities. (10 minutes)
254. McGovern (MA), Lynch (MA), Pressley (MA), Keating
(MA), Vargas (CA), Trahan (MA), Kennedy (MA), Ryan (OH),
Gonzalez, Anthony (OH), Joyce, David (OH), Garamendi (CA),
Peters (CA), Gomez (CA): Expressed a Sense of Congress relating
to payment of amounts owed by Kuwait to about 45 U.S. hospitals
and medical institutions since 2018. (10 minutes)
255. McGovern (MA), Wagner (MO), Fitzpatrick (PA),
Malinowski (NJ), Bilirakis (FL), Raskin (MD): Encourages the
protection and promotion of internationally recognized human
rights during and after the novel coronavirus pandemic, through
reporting, orientation of foreign assistance programming,
conditioning of security sector assistance, provision of DOD
guidance, and ongoing tracking of the misuse of emergency
powers or surveillance capacities. (10 minutes)
256. McGovern (MA), Smith, Christopher (NJ): Requires the
completion of a review of Department of Defense compliance with
the ``Principles Related to the Protection of Medical Care
Provided by Impartial Humanitarian Organizations During Armed
Conflict.'' (10 minutes)
257. McGovern (MA), Walorski (IN): Establishes the Wounded
Warrior Service Dog Program, which supports veterans and
service members by funding nonprofit organizations who have
been established for the purpose of training and providing
service dogs. (10 minutes)
258. McGovern (MA), Smith, Christopher (NJ): Prohibits the
commercial export of covered defense articles and services and
covered munitions items to the Hong Kong Police Force. (10
minutes)
259. McGovern (MA): Requires reporting on allegations that
United States security sector assistance provided to the
Government of Colombia was used by or on behalf of the
government for purposes of unlawful surveillance or
intelligence gathering directed at the civilian population,
including human rights defenders, judicial personnel,
journalists, and the political opposition, and to identify
steps to prevent recurrence; and to encourage accountability
for individuals in Colombia alleged to be responsible. (10
minutes)
260. McKinley (WV), Napolitano (CA): Requires the
Department of Defense to submit a report to Congress regarding
the resources and authorities the Secretary determines
necessary to identify the effects of the National Guard Youth
Challenge Program on graduates of that program during the five
years immediately preceding the date of the report. (10
minutes)
261. McKinley (WV), Yoho (FL): Requires the Secretary of
Defense to, no later than 180 days after enactment of this Act,
submit to Congress a report regarding partnerships with
institutions of higher education for rare earth material supply
chain security. (10 minutes)
262. Meeks (NY): Requires public companies to disclose the
racial, ethnic, and gender composition of their boards of
directors and executive officers, as well as the status of any
of those directors and officers as a veteran. (10 minutes)
263. Meeks (NY): Requires the Department of Defense to
create an Assistant Deputy Secretary for Environment and
Resilience after conducting a study on the issue and reporting
its findings to Congress. (10 minutes)
264. Meng (NY), Lieu (CA): Adds into the sense of Congress
on burden sharing by partners and allies a provision to engage
South Korea and Japan in fair and equitable negotiations
regarding their respective special measures agreements. (10
minutes)
265. Meng (NY): Adds an assessment of barriers to English
language learners into evaluation of barriers to minority
participation in the Armed Forces. (10 minutes)
266. Meng (NY): Permanently authorizes to National Guard
Suicide Prevention program. (10 minutes)
267. Meng (NY): Requires all written materials prepared by
the DOD for the general public relating to COVID-19 be
translated into other languages. (10 minutes)
268. Mitchell (MI), Spanberger (VA): Waives passport fees
for family members obtaining a passport for the purpose of
visiting an injured service member overseas. (10 minutes)
269. Moore (WI), Stivers (OH): Encourages the Defense
Department to continue to take steps to address maternal
mortality, including establishing a Maternal Mortality Review
Committee. (10 minutes)
270. Moulton (MA): Requires the National Security
Innovation Network (NSIN) to leverage commercial software
platforms and databases to enable DoD to access information on
private sector, venture capital, and technology solutions to
DoD innovation challenges. (10 minutes)
271. Moulton (MA): Requires the Director of National
Intelligence to contract with a federally funded research and
development center to conduct a study on identifying and
addressing threats that individually or collectively affect
national security, financial security, or both. (10 minutes)
272. Murphy, Gregory (NC), Butterfield (NC): States the
responsibility of the Navy for military construction
requirements for certain fleet readiness requirements. (10
minutes)
273. Murphy, Stephanie (FL), Shalala (FL), Mucarsel-Powell
(FL), Wasserman Schultz (FL), Soto (FL), Diaz-Balart (FL):
Requires the Secretary of State and the Secretary of Defense to
submit to the appropriate congressional committees a report
regarding the political, economic, health, and humanitarian
crisis in Venezuela, and its implications for United States
national security and regional security and stability. (10
minutes)
274. Norman (SC), Schrader (OR): Tasks the Secretary of
Defense to prepare a report to Congress on programs funded by
OCO, the manner and extent to which the Secretary plans to
shift the funding of each such program in the ensuing fiscal
years, and a plan on how said funding will be transitioned in
accordance with the PBR. (10 minutes)
275. Norman (SC), Lipinski (IL): Directs the Department of
Energy (DOE) to establish a research program in artificial
intelligence and high-performance computing focused on the
development of tools to solve big data challenges associated
with veterans' healthcare and the Department of Veterans
Affairs activities in identifying potential health risks and
challenges in veteran populations. Authorizes DOE to develop
analysis tools that can address various big data challenges in
industry, academia, and relevant Federal agencies, to promote
data sharing and collaboration, and to establish multiple user
facilities that serve as data enclaves capable of securely
storing relevant data sets. (10 minutes)
276. Norton (DC): Directs the Assistant Secretary of the
Air Force to submit a report to Congress on all selections
during the preceding five-year period under the Small Business
Innovation Research Program or the Small Business Technology
Transfer Program that were not followed with funding awards.
(10 minutes)
277. Ocasio-Cortez (NY), Omar (MN), Tlaib (Ml), Haaland
(NM), Pressley (MA): Prohibits the use offunds for aerial
fumigation in Colombia. (10 minutes)
278. Olson (TX), Flores (TX), Mullin (OK): Requires a
report on the support for democratic reforms by the government
of the Republic of Georgia. (10 minutes)
279. Olson (TX), McNerney (CA), DelBene (WA): Examines how
AI can enhance opportunities for different geographic regions,
underrepresented populations, and our nation's workforce, among
other areas. (10 minutes)
280. Omar (MN): Expands the reporting requirements in the
event of a troop withdrawal from Africa to include reporting on
the expected impact of such withdrawal on (1) the frequency of
airstrikes in Africa and (2) human rights. (10 minutes)
281. Pallone (NJ), Sherman (CA), Speier (CA), Schiff (CA),
Lofgren (CA): Requires a report from the Secretary of Defense,
in collaboration with the Secretary of State, addressing
allegations that some units of foreign countries that have
participated in security cooperation programs under section 333
of title 10, U.S.C. may have also committed gross violations of
internationally recognized human rights before or while
receiving U.S. security assistance. This report would also
include recommendations to improve human rights training and
additional measures that can be adopted to prevent these types
of violations. (10 minutes)
282. Panetta (CA): Requires DOD evaluate expanded use of
TRI-CARE pregnancy resources for servicemembers and their
spouses. (10 minutes)
283. Panetta (CA): Authorizes faculty at military
educational institutions to accept research grants to support
scientific, literary, and educational efforts. (10 minutes)
284. Panetta (CA): Requires annual public assessment of
contractor performance metrics for privatized military
housing--including, tenant satisfaction, maintenance
management, project safety, and financial management. (10
minutes)
285. Panetta (CA), Torres Small, Xochitl (NM), Haaland
(NM), Sherman (CA): Affirms Congressional support for the
National Nuclear Security Administration and requires GAO
review the hiring, training, and retention of a diverse and
highly-educated national security workforce. (10 minutes)
286. Panetta (CA), Langevin (RI): Requires progress reports
on maritime security and domain awareness. (10 minutes)
287. Panetta (CA): Enhances support services for Special
Operations Forces, their families, and supporting personnel.
(10 minutes)
288. Panetta (CA): Requires a report on the future role of
the Naval Postgraduate School in space education, including a
description of additional resources necessary to meet evolving
DOD space-related needs. (10 minutes)
289. Pappas (NH): Increases funding for the Backpackable
Communications System (BPCS) by $5 million. (10 minutes)
290. Pence (IN), Cisneros (CA): Allows for the inclusion of
``off-road vehicles'', such as construction or agricultural
equipment, in section 316 regarding the replacement of non-
tactical motor vehicles at the end of service life. (10
minutes)
291. Pence (IN): Extends by 2 years the sunset date for
Sec. 1651 of the FY2019 NDAA (Public Law 115-232; 32 U.S.C. 501
note) Pilot Program on Regional Cybersecurity Training Center
for the Army National Guard. (10 minutes)
292. Perlmutter (CO), Crow (CO), Wilson, Joe (SC): Inserts
a Sense of Congress supporting the Office of the Ombudsman as
an important resource for claimants of the Energy Employees
Occupational Illness Compensation Program and urges the Sectary
of Labor to maintain the longstanding policy of allocating
funds for the Office of the Ombudsman should there be a lapse
in appropriation. (10 minutes)
293. Perlmutter (CO), Posey (FL), Kildee (MI), Fitzpatrick
(PA), Dean (PA), Rouda (CA): Requires NIST and NIOSH to conduct
a study on the use of PFAS chemicals in firefighting equipment
and the risk of exposure faced by firefighters. Creates a grant
program for additional research and improvements to
firefighting equipment to reduce exposure to PFAS. (10 minutes)
294. Perry (PA): Directs the Secretary of Defense, in
consultation with relevant Federal departments and agencies, to
prepare an assessment on the People's Liberation Army of the
People's Republic of China 2035 modernization targets. (10
minutes)
295. Peters (CA), Levin, Mike (CA), Heck (WA), Stivers
(OH), Cisneros (CA), Brownley (CA), Panetta (CA): Expands
eligibility for HUD-VA Supportive Housing (VASH) voucher
program to allow veterans with other-than-honorable discharges
to access supportive housing vouchers (identical to H.R. 2398,
the Veteran HOUSE Act). (10 minutes)
296. Phillips (MN): Amends section 1210A(h) of the FY20
NOAA (PL 116-92) to extend the deadline for DoD support for
stabilization activities from Dec 31, 2020 to Dec 31, 2021. (10
minutes)
297. Phillips (MN), Yoho (FL): Creates a statement of
policy that the State Department, in coordination with DoD and
USAID, should play a critical role in the prevention of
atrocities and mitigation of fragility. The amendment mandates
that the Secretary of State must use the Atrocity Prevention
Framework to inform its integrated country strategy and deliver
a report to Congress on its plan of action to address those
risks in countries most at risk for new onset of mass killing.
(10 minutes)
298. Phillips (MN), Mast (FL): Requires the DoD to produce
a report and briefing on officer training in irregular warfare.
The report will include: The level of instruction received, the
number of hours of instruction at each level, and the basic
subject areas the curriculum covers. (10 minutes)
299. Phillips (MN): Requires the Secretary of Defense to
report on the efficacy of using point of collection testing
devices to modernize the drug demand reduction program random
urinalysis testing. (10 minutes)
300. Phillips (MN): Requires the Secretary of Defense, in
consultation with the Secretary of the VA, to conduct a report
on the effectiveness of the presence of CVSOs at demobilization
centers. (10 minutes)
301. Phillips (MN), Cloud (TX): Requires GAO to deliver a
report on the analysis of the Department of Defense processes
for responding to congressional reporting requirements in the
annual NDAAs and accompanying committee reports. (10 minutes)
302. Phillips (MN), Roe (TN): Extends casualty assistant
officer privileges to families in the case a surviving spouse
dies with dependent children if such services are requested by
the dependent child or their guardian. This amendment honors
the memory of Cheryl Lankford. (10 minutes)
303. Phillips (MN), Raskin (MD), Castro (TX), Garamendi
(CA), Wexton (VA), Connolly (VA), Deutch (FL), Panetta (CA):
Requires the Director of the Peace Corps to conduct a report to
Congress on its plans to resume operations after the
coronavirus pandemic. (10 minutes)
304. Pingree (ME): Requires a report on sexual abuse and
harassment of recruits during pre-entry medical exams. (10
minutes)
305. Plaskett (VI): Provides for continuation of current
waiver authority for HBCUs in areas impacted by Hurricane Maria
to use pre-disaster FY '17 enrollment data for purposes of
post-disaster Title III HBCU funding (through FY '22). (10
minutes)
306. Plaskett (VI): Provides assistance to small businesses
located in U.S. territories in securing opportunities in the
federal marketplace, as recommended by the Congressional Task
Force on Economic Growth in Puerto Rico. (10 minutes)
307. Porter (CA): Requires that Inspector General vacancies
be filled by qualified individuals currently serving in the
office of an Inspector General. (10 minutes)
308. Porter (CA), Torres, Norma (CA): Increases funding for
Army University Research Initiatives by $5,000,000. (10
minutes)
309. Porter (CA): Allows servicemembers to have a private
right of action in the event that credit reporting bureaus
engage in misconduct related to free credit monitoring. (10
minutes)
310. Porter (CA), Speier (CA), Castro (TX), Phillips (MN):
Increases transparency of annual Department of Defense
legislative requests for the National Defense Authorization
Act. (10 minutes)
311. Porter (CA): Directs the GAO to conduct a study on
predatory social media targeting service members, military
families, and veterans. (10 minutes)
312. Posey (FL): Requires the Secretary of the Air Force
provide a briefing on the potential use of a modular civil
supersonic aircraft with a military-engineered front section to
host multiple mission payloads. (10 minutes)
313. Reschenthaler (PA), Doyle (PA), Thompson, Glenn (PA),
Lamb (PA), Kelly, Mike (PA): Expresses a Sense of Congress that
the additive manufacturing and machine learning initiative of
the Army has the potential to accelerate the ability to deploy
additive manufacturing capabilities in expeditionary settings
and strengthen the United States defense industrial supply
chain. (10 minutes)
314. Reschenthaler (PA), Thompson, Glenn (PA), Fitzpatrick
(PA), Lamb (PA), Kelly, Mike (PA), Keller (PA): States that the
Secretary of the Army shall develop a comprehensive, long-term
strategy, which shall include a risk assessment, gap analysis,
proposed courses of action, investment options, and a
sustainment plan, for the development, production, procurement
and modernization of cannon and large caliber weapons tubes
that mitigates identified risks and gaps to the Army and the
defense industrial base. (10 minutes)
315. Reschenthaler (PA), Trone (MD): Authorizes the
President to transfer two excess OLIVER HAZARD PERRY class
guided missile frigates to the Government of Egypt, upon
certifying that certain conditions are met. (10 minutes)
316. Reschenthaler (PA), Fitzpatrick (PA), Thompson, Glenn
(PA), Doyle (PA), Wild (PA), Lamb (PA), Houlahan (PA), Kelly,
Mike (PA): Designates an official serving within the Office of
the Under Secretary of Defense for Research and Engineering to
work with the academic and research communities to protect
academic research funded by the Department of Defense from
undue foreign influences and threats. (10 minutes)
317. Rice, Kathleen (NY): Increases transparency of
contracts issued in support of the border wall by broadening
the requirements for the type of contract actions that DOD must
report publicly, and by requiring any modifications over $7
million to be made public. (10 minutes)
318. Rice, Kathleen (NY), Gallagher (WI), Langevin (RI):
Implements a recommendation from the Cyberspace Solarium
Commission by authorizing the Cybersecurity and Infrastructure
Security Agency to provide shared cybersecurity services to
agencies, upon request, to assist in meeting Federal
Information Security Modernization Act requirements and other
agency functions. (10 minutes)
319. Richmond (LA), Langevin (RI), Gallagher (WI), Katko
(NY): Implements a recommendation from the Cyberspace Solarium
Commission that there be established at the Department of
Homeland Security a Joint Planning Office to coordinate
cybersecurity planning and readiness across the Federal
government, State and local government, and critical
infrastructure owners and operators. (10 minutes)
320. Richmond (LA), Katko (NY), Langevin (RI), Gallagher
(WI): Implements a recommendation from the Cyberspace Solarium
Commission that establishes a fixed 5-year term for the
Director of the Cybersecurity and Infrastructure Security
Agency and establishes minimum qualifications for the CISA
Director. (10 minutes)
321. Riggleman 0/A), Gottheimer (NJ): Requires the
Secretary of the Treasury to submit to Congress 1) a copy of
licenses authorizing financial institutions to provide services
benefitting a state sponsor of terrorism, and 2) a report on
foreign financial institutions conducting significant
transactions for persons sanctioned for international terrorism
and human rights violations. These provisions passed the House
by voice vote as H.R. 1037. (10 minutes)
322. Rose, Max (NY): Amends Title 37 to direct the
Secretary of Defense to allow no more than one military housing
area in a municipality with a population of over 500,000. (10
minutes)
323. Rose, Max (NY): Amends Section 452(c) of Title 37 USC
to include fares and tolls as reimbursable expenses for
service-related travel. (10 minutes)
324. Rouda (CA), Green, Mark (TN), Cisneros (CA), Foxx
(NC): Directs GAO to study lapses in TRICARE coverage for
National Guard or Reserve personnel as a result of duty status
changes. (10 minutes)
325. Ruiz (CA), Bilirakis (FL), Welch (VT), Cardenas (CA),
Wenstrup (OH), King, Peter (NY): Requires DOD to provide a
report to Congress on the status and culmination timeline of
all studies being conducted or funded by DOD to assess the
health effects of burn pits, including potential challenges and
recommendations to Congress to help DOD culminate the studies.
(10 minutes)
326. Ruiz (CA), Bilirakis (FL), Welch (VT), Cardenas (CA),
Wenstrup (OH), King, Peter (NY): Requires DOD to implement
mandatory training for all medical providers working under DOD
on the potential health effects of burn pits. (10 minutes)
327. Ruiz (CA), Hudson (NC), Welch (VT), Cardenas (CA),
Wenstrup (OH), King, Peter (NY): Requires DOD to include a
separate, stand-alone question about burn pit exposure in the
Post Deployment Health Assessments (DD Form 2796) to increase
reporting of Burn Pit Exposure. (10 minutes)
328. Ruiz (CA), Hudson (NC), Welch (VT), Cardenas (CA),
Wenstrup (OH), King, Peter (NY): Require DOD and VA to expand
Burn Pits Registry to include Egypt and Syria. (10 minutes)
329. Ruppersberger (MD), Katko (NY), Gallagher (WI),
Langevin (RI): Requires the Secretary of Homeland Security to
conduct a review of the ability of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security to fulfill its current mission requirements, and for
other purposes. (10 minutes)
330. Sablan (MP), Radewagen (AS): Ensures the Commonwealth
of the Northern Mariana Islands is eligible for the SBA's Small
Business Development Center (SBDC) and Federal and State
Technology (FAST) programs. (10 minutes)
331. San Nicolas (GU): Extends H-2B exemptions contained in
Section 1045 of P.L. 115-232 for skilled construction labor
related to military realignment projects to civilian projects
throughout Guam. (10 minutes)
332. Schakowsky (IL): Requires the DOD Inspector General to
(1) analyze all contracts and task orders that provide private
security firms access to U.S. theaters of military operations
and (2) compile a report that will inform Congress about the
size of the contracting force; the total value of the
contracts; the number of persons operating on the contracts
that have been wounded or killed; and the disciplinary actions
that have been taken against individual contractors. Such a
report will allow Congress to assess the value, utility, scope,
and benefits or disadvantages of such substantial contracting
activity. (10 minutes)
333. Schakowsky (IL): Requires (1) defense contractors to
submit detailed annual reports to DOD regarding former senior
DOD officials who are subsequently employed by contractors, (2)
certify that those employees are in compliance with post-
government ethics rules, and (3) make these reports and
certifications public. (10 minutes)
334. Schiff (CA), Armstrong (ND), Courtney (CT), Hice (GA):
Requires the Secretary of Defense to order the names of the 74
sailors who died in the USS Frank E. Evans disaster in 1969 be
added to the Vietnam Veterans Memorial Wall. (10 minutes)
335. Schneider (IL), Spano (FL): Codifies into law the
existing, successful Boots to Business program that provides
entrepreneurial training for servicemembers transitioning to
civilian life (identical language to H.R. 3537). (10 minutes)
336. Schneider (IL), Nadler (NY), Bass (CA), Kelly, Robin
(IL), Correa (CA), Gonzalez, Vicente (TX), Lee, Barbara (CA),
Rush (IL), Davis, Danny K. (IL), Lawrence (Ml), Escobar (TX),
Lieu (CA): Amends Sec. 536 to include the number of individuals
discharged due to prohibited activities under DOD Instruction
1325.06 and a description of the circumstances that led to such
discharges. (10 minutes)
337. Schrader (OR): Requires DOD to inform service members
who receive a Basic Allowance for Housing about their rights
under Federal law. (10 minutes)
338. Schrader (OR): Requires to DOD to report to relevant
Congressional committees on efforts to implement
recommendations from the 2015 Defense Business Board cost
savings study and provide alternative solutions for
unachievable items from those recommendations. (10 minutes)
339. Schrier (YI A): Requires an assessment of the
Firefighter Property Program (FFP) and the Federal Excess
Personal Property Program (FEPP) implementation, training, best
practices, and equipment distribution. Requires a report to
Congress on findings and any recommendations to more
efficiently increase firefighting and emergency service
capabilities while taking into account geographical wildfire
risk. (10 minutes)
340. Schrier (YI A): Requires an evaluation of career
opportunities in education, software, small business, and
teleworking under the Military Spousal Employment Partnership
(MSEP). Requests MSEP partner with the Department of Labor to
expand career opportunities in these fields with an evaluation
to follow one year after implementation. (10 minutes)
341. Schweikert (AZ), Vela (TX): Requires the Secretary of
Defense to conduct a study and submit a report to Congress on
increasing telehealth and telemedicine services across all
military departments. (10 minutes)
342. Schweikert (AZ): Requires a study on seawater mining
for critical minerals for defense industrial base applications.
(10 minutes)
343. Schweikert (AZ), Houlahan (PA): Requires the Secretary
of Defense to submit a report to Congress regarding
recommendations on cyber hygiene practices. Additionally,
requires DOD to assess each DOD component's cyber hygiene and
requires a GAO assessment of that report. (10 minutes)
344. Shalala (FL), Gonzalez, Anthony (OH): Establishes
limitations of funds to Confucius Institutes unless the
institution ensures that any agreement includes provisions to
protect academic freedom at the institution and prohibits the
application of any foreign law on any campus of the
institution, and for other purposes. (10 minutes)
345. Shalala (FL), Bacon (NE): Requires the establishment
of procedures by which surviving remarried spouses with
dependent children receive ongoing access to on-base
facilities, MWRs, exchanges, and commissary privileges. (10
minutes)
346. Sherman (CA): Prevents funds from being spent on the
production of a Nonproliferation Assessment Statement with a
country that has not signed an Additional Protocol agreement
with the International Atomic Energy Agency. (10 minutes)
347. Sherman (CA), Gonzalez, Anthony (OH): Requires certain
issuers of securities to establish that they are not owned or
controlled by a foreign government. Specifically, an issuer
must make this certification if the Public Company Accounting
Oversight Board is unable to audit specified reports because
the issuer has retained a foreign public accounting firm not
subject to inspection by the board. Furthermore, if the board
is unable to inspect the issuer's public accounting firm for
three consecutive years, the issuer's securities are banned
from trade on a national exchange or through other methods. (10
minutes)
348. Sherrill (NJ): Establishes a traineeship program
administered by the Department of Defense, aimed at growing
domestic science and technology talent in areas of importance
to national security. (10 minutes)
349. Sires (NJ), Rooney (FL): Requests a report detailing
ongoing support and a strategy for future cooperation between
the United States government and Mexican security forces, in
light of changes to the Mexican security apparatus during
President Lopez Obrador's tenure. (10 minutes)
350. Slotkin (Ml), Cisneros (CA), Rose, Max (NY): Expresses
the Sense of Congress that the President should take seriously
all threats to U.S. armed forces from state and non-state
actors; study intelligence assessments with rigor, particularly
when concerning threats to U.S. personnel; take all actions
possible to ensure protection of U.S. personnel. Requires a
report to Congress on the range of threats the Russian
Federation and its affiliates and proxies pose to U.S. armed
forces and personnel across all theaters; and military and
diplomatic actions being taken to ensure protection of U.S.
armed forces, diplomats, and operations. (10 minutes)
351. Slotkin (MI), Gallagher (WI), Langevin (RI): Requires
the Secretary of DHS, in consultation with the Secretary of
Defense, to administer a large-scale exercise to test the
United States ability to respond to a cyber attack against
critical infrastructure. This exercise must be held at least
every two years and include DoD, DHS, FBI, and appropriate
elements of the IC. (10 minutes)
352. Smith, Christopher (NJ): Directs the Secretary of
Defense to enhance training and research within the Naval
Aviation Anti-Submarine Warfare Division as it relates to
threats presented by miniature manned submersible vessels. (10
minutes)
353. Smith, Christopher (NJ), Peterson (MN): Requires the
GAO to conduct a study of the possible experimentation of
ticks, insects, or vector-borne agents by the DOD between 1950
and 1977 for use as a bioweapon. (10 minutes)
354. Soto (FL): Adds ``advanced sensors manufacturing'' to
the items considered within the updated approach to ensuring
the continued production of cutting-edge microelectrics for
national security needs. (10 minutes)
355. Soto (FL), Schweikert (AZ): Adds ``distributed ledger
technologies'' to the definition of ``emerging technologies''
so that it be included in the assessment of what must be done
for the United States to maintain their technological edge
performed by the newly formed Steering Committee on Emerging
Technology and Security Needs. (10 minutes)
356. Soto (FL), Schweikert (AZ): Enumerates the elements of
an uncompleted briefing from the FY20 NDAA conference report on
the potential use of distributed ledger technologies for
defense purposes by the Under Secretary of Defense for Research
and Engineering and adds a reporting requirement. The report is
to summarize key findings of the briefing, analyze research
activities of adversarial countries, make recommendations for
additional research and development within the Department, and
analyze the benefits of consolidating research within a single
hub or center of excellence within the Department for
distributed ledger technologies. (10 minutes)
357. Spanberger (VA), Neguse (CO), Langevin (RI), Crow
(CO), Phillips (MN): Adds components to the Department of
Defense's Climate Change Roadmap Report pertaining to how
climate change may exacerbate existing threats and worsens
emerging threats to the national security of the United States
including tensions related to drought, famine, infectious
disease, geoengineering, energy transitions, extreme weather,
migration, and competition for scarce resources. Adds to the
report a Top 10 List of such threats. (10 minutes)
358. Spanberger (VA), Scott, Austin (GA): Requires the Sec.
of Defense to work with Sec. of Ag to review the potential to
incorporate innovative wood product technologies in
constructing or renovating facilities owned or managed by DOD.
Within 180 days of enactment, the Sec. must provide a report to
relevant committees on both the (1) potential for use of these
materials and (2) any barriers to their use. (10 minutes)
359. Speier (CA), Byrne (AL): Amends the Uniform Code of
Military Justice to modify the standard for factual sufficiency
review of cases before military appellate courts. (10 minutes)
360. Speier (CA), Brownley (CA), Cisneros (CA), Doggett
(TX), Escobar (TX), Garcia, Sylvia (TX), Gonzalez, Vicente
(TX), Jackson Lee (TX), Lawrence (MI), McNerney (CA), Moore
(WI), Norton (DC), Raskin (MD), Thompson, Mike (CA), Trahan
(MA), Dingell (MI), Grijalva (AZ), Bonamici (OR), Hayes (CT),
Haaland (NM), Correa (CA), Carson (IN), Phillips (MN), Heck
(WA), Joyce, David (OH), Kildee (MI), Scott, David (GA),
Carter, John (TX), Wild (PA), Wexton (VA), Panetta (CA), Castor
(FL), Turner (OH), Bacon (NE): Requires a Comptroller General
study of procedures for investigating missing persons by the
Armed Forces. (10 minutes)
361. Speier (CA), Brownley (CA), Cisneros (CA), Doggett
(TX), Escobar (TX), Garcia, Sylvia (TX), Gonzalez, Vicente
(TX), Jackson Lee (TX), Lawrence (MI), McNerney (CA), Moore
(WI), Norton (DC), Raskin (MD), Thompson, Mike (CA), Trahan
(MA), Dingell (Ml), Titus (NV), Grijalva (AZ), Bonamici (OR),
Hayes (CT), Haaland (NM), Frankel (FL), Correa (CA), Carson
(IN), Phillips (MN), Heck (WA), Kildee (MI), Scott, David (GA),
Wild (PA), Wexton (VA), Panetta (CA), Castor (FL), Harder (CA),
Bacon (NE): Establish confidential reporting option for sexual
harassment complaints made by military service members. (10
minutes)
362. Speier (CA), Keating (MA), Escobar (TX), Houlahan
(PA), Meng (NY), Frankel (FL): Directs the Secretary of State,
in coordination with the Secretary of Defense, to submit a plan
to double the percentage of foreign female participants in the
International Military Education and Training program (IMET)
within ten years, and to submit a report every two years up
until ten years on progress made toward that goal. (10 minutes)
363. Stanton (AZ): Requires the Secretary of the Air Force
to provide a briefing on the efforts to harden and modernize
the nuclear weapons storage and maintenance facilities of the
Air Force. (10 minutes)
364. Stefanik (NY), Langevin (RI): Allows for admission of
essential scientists and technical experts to promote and
protect the national security innovation base. (10 minutes)
365. Steil (WI): Requires the Secretary of Defense in
consultation with the Secretary of State to submit a report to
the appropriate congressional committees on the short- and
long-term threats posed by Iranian-backed militias in Iraq to
Iraq and to United States persons and interests. (10 minutes)
366. Suozzi (NY), Bergman (Ml): Includes Section 106, 109,
and llO of Senator Wicker's S. 3930 which was left out of the
Senate's NDAA. (10 minutes)
367. Takano (CA), Cisneros (CA): Establishes within the
Department of Veterans Affairs an office of cyber engagement to
work with veterans, federal agencies, and social media
platforms to identify cyber risks, including identity theft, to
veterans and their families, as well as determine ways to
address these risks, and provide information to veterans. (10
minutes)
368. Takano (CA), Vargas (CA), Cisneros (CA), Costa (CA),
Brownley (CA), Cardenas (CA), Calvert (CA), Aguilar (CA):
Ensures that no consolidation or transition to alternative
content delivery methods may occur within the Defense Media
Activity until a period of 180 days has elapsed following the
date on which the Secretary of Defense submits to the
congressional defense committees a report. No transition to
alternative content delivery methods must pose security
vulnerabilities or increase monetary costs to servicemembers.
(10 minutes)
369. Taylor (TX), Himes (CT): Amends the Defense Production
Act of 1950 to require congressional certifications following
assessments by the Committee on Foreign Investment in the
United States (CFIUS), consistent with procedures governing
certifications pursuant to CFIUS reviews and investigations.
(10 minutes)
370. Tipton (CO): Directs the U.S. representative at the
international financial institutions (World Bank, International
Monetary Fund, etc.) to support non-discrimination for Taiwan
nationals seeking employment at the institutions and requires
the Secretary of the Treasury to submit updates to Congress on
progress in advancing this policy, and provides for flexibility
through waiver authorities. (10 minutes)
371. Titus (NV), Bera (CA): Strengthens cooperative threat
reduction programs and efforts to prevent, detect, counter, and
respond to threats of weapons of mass destruction terrorism.
Requires a report on existing programs across federal agencies
and recommendations to eliminate crucial gaps and ensure that
such programs are complementary. (10 minutes)
372. Tlaib (MI): Requires the report in section 264 on F-35
physiological episodes and mitigation to include any long-term
effects, including potential effects, of the episode on the
crew member and any additional care requirements that the crew
member may need. (10 minutes)
373. Tlaib (MI), Grijalva (AZ): Requires an action plan for
addressing AFFF usage and spills no later than 30 days after
submitting notice of usage or spills and descriptions of
actions taken to arrest and clean up spills as well as
coordination with local and State authorities and environmental
protection agencies. (10 minutes)
374. Torres Small, Xochitl (NM), Cook (CA), Lujan (NM),
Craig (MN), Cisneros (CA), Meng (NY), Phillips (MN), Cardenas
(CA), Fitzpatrick (PA), Adams (NC), Garcia, Sylvia (TX), Price
(NC), Butterfield (NC): Provides compensation and credit for
retired pay purposes for maternity leave taken by members of
the National Guard and Reserve components. (10 minutes)
375. Torres Small, Xochitl (NM), Crenshaw (TX): Establishes
additional requirements, such as an annual report on the status
of DHS acquisitions and preparing cost estimates and schedules
consistent with best practices identified by the GAO, for DHS
acquisitions that are estimated to require total expenditures
of at least $300 million. (10 minutes)
376. Torres Small, Xochitl (NM), Crenshaw (TX), Gonzalez,
Vicente (TX): Requires the Secretary of DHS to submit to
Congress a plan for increasing to 100 percent the rate of
scanning of commercial and passenger vehicles and freight rail
traffic entering the United States using large-scale non-
intrusive inspection technology. (10 minutes)
377. Torres, Norma (CA), Stevens (MI), Reschenthaler (PA):
Creates a National Supply Chain Database run by the
Manufacturing Extension Partnership (MEP) Centers to connect
small and mid-size manufacturers and prevent supply chain
disruptions. (10 minutes)
378. Torres, Norma (CA): Encourages collaboration between
the Manufacturing USA Institutes and the Manufacturing
Extension Partnership (MEP) Centers to better serve small and
mid-size manufacturers. (10 minutes)
379. Torres, Norma (CA): Requires a certification from the
Secretary of Defense to Congress before transfers can take
place of vehicles to Guatemala. Includes a clawback provision
for future transfers. (10 minutes)
380. Trahan (MA), Cisneros (CA): Authorizes the Secretary
of Defense to initiative a pilot program through the award of
grants to treat Members of the Armed Forces who suffer from
Traumatic Brain Injury (TBI) using a comprehensive and
multidisciplinary approach. (10 minutes)
381. Turner (OH), Wilson, Joe (SC), Aguilar (CA), Lamborn
(CO): Clarifies existing law authorizing a contracting officer
to presume that a prior commercial item determination shall
serve as a determination for subsequent procurement of
components or parts associated with the initial commercial
product or maintenance and repair services. (10 minutes)
382. Turner (OH): Adds to the section of the Uniform Code
of Military Justice that outlines the victim's rights. One of
the paragraphs says the victim has ``the right to reasonable,
accurate, and timely notice of any of the following'' and it
includes items such as pretrial confinement hearing, the court
martial, a parole hearing, etc. This provision would add a
``post-trial motion filing, or hearing'' to that list. (10
minutes)
383. Vargas (CA), Waters (CA), Houlahan (PA), Trahan (MA),
Shalala (FL), Pocan (WI), Slotkin (MI), Kennedy (MA), Ryan
(OH), Crow (CO), Cardenas (CA), Levin, Andy (MI), Davis, Susan
(CA), DeFazio (OR): Provides that the Defense Production Act be
used to meet the country's most critical needs to combat COVID-
19, in specifying as scarce and critical materials certain
supplies used to fight and reduce the impact of the virus.
Requires enhanced oversight of pricing levels for critical
materials, determination of a target level for each state in
terms of testing, a point person for improved coordination
between the private sector and the federal government, and
requires a strategic plan for production of personal protective
equipment and other supplies needed to reduce the impact of
COVID-19 currently and moving forward. (10 minutes)
384. Veasey (TX), Wright (TX), Diaz-Balart (FL), Waltz
(FL), Gooden (TX), Allred (TX), Gonzalez, Vicente (TX), Spano
(FL), Maloney, Sean (NY): Prohibits federal airport improvement
funds from being used to purchase passenger boarding bridges
from companies that have violated intellectual property (IP)
rights and threaten the national security of the U.S. (10
minutes)
385. Veasey (TX): Extends from 12 months to 24 months the
time period to which an agency must refer when categorizing a
manufacturer as a small business based on its average
employment. (10 minutes)
386. Vela (TX), Crawford (AR): Gives the Secretaries of the
military departments the authority to allow senior enlisted
personnel to attend senior level and intermediate level officer
professional military education courses if specific
requirements are met. (10 minutes)
387. Wagner (MO), Castro (TX): Requires the Secretary of
State to develop a strategy for engagement with Southeast Asia
and the Association of Southeast Asian Nations (ASEAN); states
that it is the policy of the United States to deepen
cooperation with ASEAN and ASEAN member states in order to
promote peace, security, and stability in the IndoPacific. (10
minutes)
388. Walorski (IN): Directs the Comptroller General of the
United States to submit a report to the House Armed Services
Committee and the Senate Armed Services Committee on
impediments to expanding agile program and project management
within the Department of Defense. (10 minutes)
389. Waters (CA): Directs the Secretary of Defense to
ensure emerging technologies procured and used by the military
are tested for algorithmic bias and discriminatory outcomes.
(10 minutes)
390. Welch (VT), Bilirakis (FL): Requires the history of
respiratory illnesses and information contained on the
beneficiary from the burn pits registry to be included in the
TRICARE Beneficiary COVID-19 Registry. (10 minutes)
391. Welch (VT): Requires the DoD IG to submit a report on
the dollar amount of waste, fraud, and abuse found in Defense
Production Act spending during COVID-19 and recommendations on
how to combat this in future pandemics. (10 minutes)
392. Wenstrup (OH): Adds two components to the report
required by Sec. 712 of the NDAA regarding vulnerabilities to
DoD's drugs, biological products, and critical medical
supplies. The amendment adds an identification of any existing
barriers to manufacturing domestically, including regulatory
and raw materials barriers, and an identification of potential
partners of the U.S. with whom the U.S. can work to realign our
manufacturing capabilities for such products. (10 minutes)
393. Wenstrup (OH): Requires DOD, in consultation with
other relevant Federal agencies, to conduct a targeted study
and classified report to Congress on DOD's Joint Deployment
Formulary (JDF), which is a core list of pharmaceutical items
that are required for theater-level care for the first 30 days
of contingency operations. This study seeks information on only
the items listed on the JDF down to the API component level,
identification of barriers that may limit DOD's ability to
procure the items, identification of international military
partners who can help manufacture them, an assessment of how
DOD currently coordinates with other Federal agencies, and
more. (10 minutes)
394. Wexton (VA): Requires the Secretary of Defense to
issue rules to require companies that sell certain manufactured
goods in the military commissary and exchange systems to
certify that the goods were not manufactured with forced labor.
(10 minutes)
395. Wexton (VA), Clarke, Yvette (NY), Beyer (VA): Requires
the Director of National Intelligence to report to Congress on
foreign influence campaigns targeting federal elections. (10
minutes)
396. Wexton (VA): Requires the Department of Defense and
Department of Veterans Affairs to conduct a study on substance
use disorders among members of the Armed Services and Veterans
during the COVID-19 public health emergency. (10 minutes)
397. Wexton (VA): Directs Military-Civilian Task Force on
Domestic Violence to analyze and develop recommendations to
improve access to resources for survivors throughout the stages
of military service. (10 minutes)
398. Woodall (GA), Lowenthal (CA), Cisneros (CA): Increases
transparency and accountability in the Unified Facilities
Criteria Program for the procurement of heating, ventilation,
and air conditioning systems. (10 minutes)
399. Yoho (FL), Lieu (CA), Spanberger (VA): Requires a
report on efforts to decrease civilian casualties and related
destruction by Afghan Security Forces and hold Taliban forces
accountable for civilian harm. (10 minutes)
400. Yoho (FL): Recognizes the strategic ``Third Neighbor''
security relationship between the United States and Mongolia.
(10 minutes)
401. Yoho (FL): Establishes a pilot program for the Navy to
experiment with the use of Liquified Natural Gas for fueling
their ships. (10 minutes)
402. Young (AK): Deems the vessel M/V LISERON to be
prescribe a tonnage measurement as a small passenger vessel,
less than 100 gross tons, as measured under chapter 145 of
title 46, United States Code, for mariner licensing and
credentialing purposes. (10 minutes)
403. Young (AK), Larsen, Rick (WA), Cole (OK), Radewagen
(AS): Calls for the Assistant Secretary of Defense for
International Security Affairs to assign responsibility for the
Arctic Region to the Deputy Assistant Secretary of Defense for
the Western Hemisphere or any other Deputy Assistant Secretary
that the Secretary considers appropriate. (10 minutes)
404. Young (AK): Establishes a National Shipper Advisory
Committee to advise the Federal Maritime Commission (FMC) on
policies related to the competitiveness, reliability,
integrity, and fairness of the international ocean freight
delivery system. (10 minutes)
405. Young (AK), Larsen, Rick (WA), Cole (OK), Radewagen
(AS): Requires that a plan be submitted to Congress on a plan
to establish a DOD Regional Center for Security Studies for the
Arctic and that after the submission of the plan that DOD may
establish the center. (10 minutes)
406. Zeldin (NY), Malinowski (NJ): Requires the Department
of State to review vetting procedures for diplomatic visas
provided for international military educational training
programs in annual country strategy reports. Additionally, the
amendment requires the GAO to conduct a study on vetting
procedures for international students participating in military
education and training programs on United States military
bases. (10 minutes)
407. Crow (CO): Makes a variety of clarifying edits about
the terrorist organizations referenced and adds the Director of
the Central Intelligence Agency as a covered official for the
required report. (10 minutes)
TEXT OF AMENDMENTS TO H.R. 6395 MADE IN ORDER
1. An Amendment To Be Offered by Representative Maloney of New York or
Her Designee, Debatable for 10 Minutes
Add at the end the following:
DIVISION F--CORPORATE TRANSPARENCY ACT OF 2019
SEC. 6001. SHORT TITLE.
This division may be cited as the ``Corporate Transparency
Act of 2019''.
SEC. 6002. FINDINGS.
Congress finds the following:
(1) Nearly 2,000,000 corporations and limited
liability companies are being formed under the laws of
the States each year.
(2) Very few States require information about the
beneficial owners of the corporations and limited
liability companies formed under their laws.
(3) A person forming a corporation or limited
liability company within the United States typically
provides less information at the time of incorporation
than is needed to obtain a bank account or driver's
license and typically does not name a single beneficial
owner.
(4) Criminals have exploited State formation
procedures to conceal their identities when forming
corporations or limited liability companies in the
United States, and have then used the newly created
entities to commit crimes affecting interstate and
international commerce such as terrorism, proliferation
financing, drug and human trafficking, money
laundering, tax evasion, counterfeiting, piracy,
securities fraud, financial fraud, and acts of foreign
corruption.
(5) Law enforcement efforts to investigate
corporations and limited liability companies suspected
of committing crimes have been impeded by the lack of
available beneficial ownership information, as
documented in reports and testimony by officials from
the Department of Justice, the Department of Homeland
Security, the Department of the Treasury, and the
Government Accountability Office, and others.
(6) In July 2006, the leading international antimoney
laundering standard-setting body, the Financial Action
Task Force on Money Laundering (in this section
referred to as the ``FATF''), of which the United
States is a member, issued a report that criticizes the
United States for failing to comply with a FATF
standard on the need to collect beneficial ownership
information and urged the United States to correct this
deficiency by July 2008. In December 2016, FATF issued
another evaluation of the United States, which found
that little progress has been made over the last ten
years to address this problem. It identified the ``lack
of timely access to adequate, accurate and current
beneficial ownership information'' as a fundamental gap
in United States efforts to combat money laundering and
terrorist finance.
(7) In response to the 2006 FATF report, the United
States has urged the States to obtain beneficial
ownership information for the corporations and limited
liability companies formed under the laws of such
States.
(8) In contrast to practices in the United States,
all 28 countries in the European Union are required to
have corporate registries that include beneficial
ownership information.
(9) To reduce the vulnerability of the United States
to wrongdoing by United States corporations and limited
liability companies with hidden owners, to protect
interstate and international commerce from criminals
misusing United States corporations and limited
liability companies, to strengthen law enforcement
investigations of suspect corporations and limited
liability companies, to set a clear, universal standard
for State incorporation practices, and to bring the
United States into compliance with international anti-
money laundering standards, Federal legislation is
needed to require the collection of beneficial
ownership information for the corporations and limited
liability companies formed under the laws of such
States.
SEC. 6003. TRANSPARENT INCORPORATION PRACTICES.
(a) In General.--
(1) Amendment to the bank secrecy act.--Chapter 53 of
title 31, United States Code, is amended by inserting
after section 5332 the following new section:
``Sec. 5333 Transparent incorporation practices
``(a) Reporting Requirements.--
``(1) Beneficial ownership reporting.--
``(A) In general.--Each applicant to form a
corporation or limited liability company under
the laws of a State or Indian Tribe shall file
a report with FinCEN containing a list of the
beneficial owners of the corporation or limited
liability company that--
``(i) except as provided in
paragraphs (3) and (4), and subject to
paragraph (2), identifies each
beneficial owner by--
``(I) full legal name;
``(II) date of birth;
``(III) current residential
or business street address; and
``(IV) a unique identifying
number from a non-expired
passport issued by the United
States, a non-expired personal
identification card, or a non-
expired driver's license issued
by a State; and
``(ii) if the applicant is not a
beneficial owner, also provides the
identification information described in
clause (i) relating to such applicant.
``(B) Updated information.--Each corporation
or limited liability company formed under the
laws of a State or Indian Tribe shall--
``(i) submit to FinCEN an annual
filing containing a list of--
``(I) the current beneficial
owners of the corporation or
limited liability company and
the information described in
subparagraph (A) for each such
beneficial owner; and
``(II) any changes in the
beneficial owners of the
corporation or limited
liability company during the
previous year; and
``(ii) pursuant to any rule issued by
the Secretary of the Treasury under
subparagraph (C), update the list of
the beneficial owners of the
corporation or limited liability
company within the time period
prescribed by such rule.
``(C) Rulemaking on updating information.--
Not later than 9 months after the completion of
the study required under section 4(a)(1) of the
Corporate Transparency Act of 2019, the
Secretary of the Treasury shall consider the
findings of such study and, if the Secretary
determines it to be necessary or appropriate,
issue a rule requiring corporations and limited
liability companies to update the list of the
beneficial owners of the corporation or limited
liability company within a specified amount of
time after the date of any change in the list
of beneficial owners or the information
required to be provided relating to each
beneficial owner.
``(D) State notification.--Each State in
which a corporation or limited liability
company is being formed shall notify each
applicant of the requirements listed in
subparagraphs (A) and (B).
``(2) Certain beneficial owners.--If an applicant to
form a corporation or limited liability company or a
beneficial owner, or similar agent of a corporation or
limited liability company who is required to provide
identification information under this subsection, does
not have a nonexpired passport issued by the United
States, a nonexpired personal identification card, or a
non-expired driver's license issued by a State, each
such person shall provide to FinCEN the full legal
name, current residential or business street address, a
unique identifying number from a non-expired passport
issued by a foreign government, and a legible and
credible copy of the pages of a non-expired passport
issued by the government of a foreign country bearing a
photograph, date of birth, and unique identifying
information for each beneficial owner, and each
application described in paragraph (1)(A) and each
update described in paragraph (1)(B) shall include a
written certification by a person residing in the State
or Indian country under the jurisdiction of the Indian
Tribe forming the entity that the applicant,
corporation, or limited liability company--
``(A) has obtained for each such beneficial
owner, a current residential or business street
address and a legible and credible copy of the
pages of a non-expired passport issued by the
government of a foreign country bearing a
photograph, date of birth, and unique
identifying information for the person;
``(B) has verified the full legal name,
address, and identity of each such person;
``(C) will provide the information described
in subparagraph (A) and the proof of
verification described in subparagraph (B) upon
request of FinCEN; and
``(D) will retain the information and proof
of verification under this paragraph until the
end of the 5-year period beginning on the date
that the corporation or limited liability
company terminates under the laws of the State
or Indian Tribe.
``(3) Exempt entities.--
``(A) In general.--With respect to an
applicant to form a corporation or limited
liability company under the laws of a State or
Indian Tribe, if such entity is described in
subparagraph (C) or (D) of subsection (d)(4)
and will be exempt from the beneficial
ownership disclosure requirements under this
subsection, such applicant, or a prospective
officer, director, or similar agent of the
applicant, shall file a written certification
with FinCEN--
``(i) identifying the specific
provision of subsection (d)(4) under
which the entity proposed to be formed
would be exempt from the beneficial
ownership disclosure requirements under
paragraphs (1) and (2);
``(ii) stating that the entity
proposed to be formed meets the
requirements for an entity described
under such provision of subsection
(d)(4); and
``(iii) providing identification
information for the applicant or
prospective officer, director, or
similar agent making the certification
in the same manner as provided under
paragraph (1) or (2).
``(B) Existing corporations or limited
liability companies.--On and after the date
that is 2 years after the final regulations are
issued to carry out this section, a corporation
or limited liability company formed under the
laws of the State or Indian Tribe before such
date shall be subject to the requirements of
this subsection unless an officer, director, or
similar agent of the entity submits to FinCEN a
written certification--
``(i) identifying the specific
provision of subsection (d)(4) under
which the entity is exempt from the
requirements under paragraphs (1) and
(2);
``(ii) stating that the entity meets
the requirements for an entity
described under such provision of
subsection (d)(4); and
``(iii) providing identification
information for the officer, director,
or similar agent making the
certification in the same manner as
provided under paragraph (1) or (2).
``(C) Exempt entities having ownership
interest.--If an entity described in
subparagraph (C) or (D) of subsection (d)(4)
has or will have an ownership interest in a
corporation or limited liability company formed
or to be formed under the laws of a State or
Indian Tribe, the applicant, corporation, or
limited liability company in which the entity
has or will have the ownership interest shall
provide the information required under this
subsection relating to the entity, except that
the entity shall not be required to provide
information regarding any natural person who
has an ownership interest in, exercises
substantial control over, or receives
substantial economic benefits from the entity.
``(4) FinCEN id numbers.--
``(A) Issuance of fincen id number.--
``(i) In general.--FinCEN shall issue
a FinCEN ID number to any individual
who requests such a number and provides
FinCEN with the information described
under subclauses (I) through (IV) of
paragraph (1)(A)(i).
``(ii) Updating of information.--An
individual with a FinCEN ID number
shall submit an annual filing with
FinCEN updating any information
described under subclauses (I) through
(IV) of paragraph (1)(A)(i).
``(B) Use of fincen id number in reporting
requirements.--Any person required to report
the information described under paragraph
(1)(A)(i) with respect to an individual may
instead report the FinCEN ID number of the
individual.
``(C) Treatment of information submitted for
fincen id number.--For purposes of this
section, any information submitted under
subparagraph (A) shall be deemed to be
beneficial ownership information.
``(5) Retention and disclosure of beneficial
ownership information by fincen.--
``(A) Retention of information.--Beneficial
ownership information relating to each
corporation or limited liability company formed
under the laws of the State or Indian Tribe
shall be maintained by FinCEN until the end of
the 5-year period (or such other period of time
as the Secretary of the Treasury may, by rule,
determine) beginning on the date that the
corporation or limited liability company
terminates.
``(B) Disclosure of information.--Beneficial
ownership information reported to FinCEN
pursuant to this section shall be provided by
FinCEN only upon receipt of--
``(i) subject to subparagraph (C), a
request, through appropriate protocols,
by a local, Tribal, State, or Federal
law enforcement agency;
``(ii) a request made by a Federal
agency on behalf of a law enforcement
agency of another country under an
international treaty, agreement, or
convention, or an order under section
3512 of title 18 or section 1782 of
title 28; or
``(iii) a request made by a financial
institution, with customer consent, as
part of the institution's compliance
with due diligence requirements imposed
under the Bank Secrecy Act, the USA
PATRIOT Act, or other applicable
Federal, State, or Tribal law.
``(C) Appropriate protocols.--
``(i) Privacy.--The protocols
described in subparagraph (B)(i)
shall--
``(I) protect the privacy of
any beneficial ownership
information provided by FinCEN
to a local, Tribal, State, or
Federal law enforcement agency;
``(II) ensure that a local,
Tribal, State, or Federal law
enforcement agency requesting
beneficial ownership
information has an existing
investigatory basis for
requesting such information;
``(III) ensure that access to
beneficial ownership
information is limited to
authorized users at a local,
Tribal, State, or Federal law
enforcement agency who have
undergone appropriate training,
and refresher training no less
than every two years, and that
the identity of such authorized
users is verified through
appropriate mechanisms, such as
two-factor authentication;
``(IV) include an audit trail
of requests for beneficial
ownership information by a
local, Tribal, State, or
Federal law enforcement agency,
including, as necessary,
information concerning queries
made by authorized users at a
local, Tribal, State, or
Federal law enforcement agency;
``(V) require that every
local, Tribal, State, or
Federal law enforcement agency
that receives beneficial
ownership information from
FinCEN conducts an annual audit
to verify that the beneficial
ownership information received
from FinCEN has been accessed
and used appropriately, and
consistent with this paragraph;
and
``(VI) require FinCEN to
conduct an annual audit of
every local, Tribal, State, or
Federal law enforcement agency
that has received beneficial
ownership information to ensure
that such agency has requested
beneficial ownership
information, and has used any
beneficial ownership
information received from
FinCEN, appropriately, and
consistent with this paragraph.
``(ii) Limitation on use.--Beneficial
ownership information provided to a
local, Tribal, State, or Federal law
enforcement agency under this paragraph
may only be used for law enforcement,
national security, or intelligence
purposes.
``(D) Access procedures.--FinCEN shall
establish stringent procedures for the
protection and proper use of beneficial
ownership information disclosed pursuant to
subparagraph (B), including procedures to
ensure such information is not being
inappropriately accessed or misused by law
enforcement agencies.
``(E) Report to congress.--FinCEN shall issue
an annual report to Congress stating--
``(i) the number of times law
enforcement agencies and financial
institutions have accessed beneficial
ownership information pursuant to
subparagraph (B);
``(ii) the number of times beneficial
ownership information reported to
FinCEN pursuant to this section was
inappropriately accessed, and by whom;
and
``(iii) the number of times
beneficial ownership information was
disclosed under subparagraph (B)
pursuant to a subpoena.
``(F) Disclosure of non-pii data.--
Notwithstanding subparagraph (B), FinCEN may
issue guidance and otherwise make materials
available to financial institutions and the
public using beneficial ownership information
reported pursuant to this section if such
information is aggregated in a manner that
removes all personally identifiable
information. For purposes of this subparagraph,
`personally identifiable information' includes
information that would allow for the
identification of a particular corporation or
limited liability company.
``(b) No Bearer Share Corporations or Limited Liability
Companies.--A corporation or limited liability company formed
under the laws of a State or Indian Tribe may not issue a
certificate in bearer form evidencing either a whole or
fractional interest in the corporation or limited liability
company.
``(c) Penalties.--
``(1) In general.--It shall be unlawful for any
person to affect interstate or foreign commerce by--
``(A) knowingly providing, or attempting to
provide, false or fraudulent beneficial
ownership information, including a false or
fraudulent identifying photograph, to FinCEN in
accordance with this section;
``(B) willfully failing to provide complete
or updated beneficial ownership information to
FinCEN in accordance with this section; or
``(C) knowingly disclosing the existence of a
subpoena or other request for beneficial
ownership information reported pursuant to this
section, except--
``(i) to the extent necessary to
fulfill the authorized request; or
``(ii) as authorized by the entity
that issued the subpoena, or other
request.
``(2) Civil and criminal penalties.--Any person who
violates paragraph (1)--
``(A) shall be liable to the United States
for a civil penalty of not more than $10,000;
and
``(B) may be fined under title 18, United
States Code, imprisoned for not more than 3
years, or both.
``(3) Limitation.--Any person who negligently
violates paragraph (1) shall not be subject to civil or
criminal penalties under paragraph (2).
``(4) Waiver.--The Secretary of the Treasury may
waive the penalty for violating paragraph (1) if the
Secretary determines that the violation was due to
reasonable cause and was not due to willful neglect.
``(5) Criminal penalty for the misuse or unauthorized
disclosure of beneficial ownership information.--The
criminal penalties provided for under section 5322
shall apply to a violation of this section to the same
extent as such criminal penalties apply to a violation
described in section 5322, if the violation of this
section consists of the misuse or unauthorized
disclosure of beneficial ownership information.
``(d) Definitions.--For the purposes of this section:
``(1) Applicant.--The term `applicant' means any
natural person who files an application to form a
corporation or limited liability company under the laws
of a State or Indian Tribe.
``(2) Bank secrecy act.--The term `Bank Secrecy Act'
means--
``(A) section 21 of the Federal Deposit
Insurance Act;
``(B) chapter 2 of title I of Public Law 91-
508; and
``(C) this subchapter.
``(3) Beneficial owner.--
``(A) In general.--Except as provided in
subparagraph (B), the term `beneficial owner'
means a natural person who, directly or
indirectly, through any contract, arrangement,
understanding, relationship, or otherwise--
``(i) exercises substantial control
over a corporation or limited liability
company;
``(ii) owns 25 percent or more of the
equity interests of a corporation or
limited liability company; or
``(iii) receives substantial economic
benefits from the assets of a
corporation or limited liability
company.
``(B) Exceptions.--The term `beneficial
owner' shall not include--
``(i) a minor child, as defined in
the State or Indian Tribe in which the
entity is formed;
``(ii) a person acting as a nominee,
intermediary, custodian, or agent on
behalf of another person;
``(iii) a person acting solely as an
employee of a corporation or limited
liability company and whose control
over or economic benefits from the
corporation or limited liability
company derives solely from the
employment status of the person;
``(iv) a person whose only interest
in a corporation or limited liability
company is through a right of
inheritance; or
``(v) a creditor of a corporation or
limited liability company, unless the
creditor also meets the requirements of
subparagraph (A).
``(C) Substantial economic benefits
defined.--
``(i) In general.--For purposes of
subparagraph (A)(ii), a natural person
receives substantial economic benefits
from the assets of a corporation or
limited liability company if the person
has an entitlement to more than a
specified percentage of the funds or
assets of the corporation or limited
liability company, which the Secretary
of the Treasury shall, by rule,
establish.
``(ii) Rulemaking criteria.--In
establishing the percentage under
clause (i), the Secretary of the
Treasury shall seek to--
``(I) provide clarity to
corporations and limited
liability companies with
respect to the identification
and disclosure of a natural
person who receives substantial
economic benefits from the
assets of a corporation or
limited liability company; and
``(II) identify those natural
persons who, as a result of the
substantial economic benefits
they receive from the assets of
a corporation or limited
liability company, exercise a
dominant influence over such
corporation or limited
liability company.
``(4) Corporation; limited liability company.--The
terms `corporation' and `limited liability company'--
``(A) have the meanings given such terms
under the laws of the applicable State or
Indian Tribe;
``(B) include any non-United States entity
eligible for registration or registered to do
business as a corporation or limited liability
company under the laws of the applicable State
or Indian Tribe;
``(C) do not include any entity that is--
``(i) a business concern that is an
issuer of a class of securities
registered under section 12 of the
Securities Exchange Act of 1934 (15
U.S.C. 781) or that is required to file
reports under section 15(d) of that Act
(15 U.S.C. 78o(d));
``(ii) a business concern
constituted, sponsored, or chartered by
a State or Indian Tribe, a political
subdivision of a State or Indian Tribe,
under an interstate compact between two
or more States, by a department or
agency of the United States, or under
the laws of the United States;
``(iii) a bank, as defined under--
``(I) section 2(a) of the
Investment Company Act of 1940
(15 U.S.C. 80a-2(a)); or
``(II) section 202(a) of the
Investment Advisers Act of 1940
(15 U.S.C. 80b-2(a));
``(iv) a credit union (as defined in
section 101 of the Federal Credit Union
Act (12 U.S.C. 1752));
``(v) a bank holding company (as
defined in section 2 of the Bank
Holding Company Act of 1956 (12 U.S.C.
1841)) or a savings and loan holding
company (as defined in section 10(a) of
the Home Owners' Loan Act (12 U.S.C.
1467a(a));
``(vi) a broker or dealer (as defined
in section 3 of the Securities Exchange
Act of 1934 (15 U.S.C. 78c)) that is
registered under section 15 of the
Securities Exchange Act of 1934 (15
U.S.C. 78o);
``(vii) an exchange or clearing
agency (as defined in section 3 of the
Securities Exchange Act of 1934 (15
U.S.C. 78c)) that is registered under
section 6 or 17A of the Securities
Exchange Act of 1934 (15 U.S.C. 78f and
78q-1);
``(viii) an investment company (as
defined in section 3 of the Investment
Company Act of 1940 (15 U.S.C. 80a-3))
or an investment adviser (as defined in
section 202(11) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-
2(11))), if the company or adviser is
registered with the Securities and
Exchange Commission, has filed an
application for registration which has
not been denied, under the Investment
Company Act of 1940 (15 U.S.C. 80a-1 et
seq.) or the Investment Adviser Act of
1940 (15 U.S.C. 80b-1 et seq.), or is
an investment adviser described under
section 203(l) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-
3(l));
``(ix) an insurance company (as
defined in section 2 of the Investment
Company Act of 1940 (15 U.S.C. 80a-2));
``(x) a registered entity (as defined
in section 1a of the Commodity Exchange
Act (7 U.S.C. 1a)), or a futures
commission merchant, introducing
broker, commodity pool operator, or
commodity trading advisor (as defined
in section 1a of the Commodity Exchange
Act (7 U.S.C. 1a)) that is registered
with the Commodity Futures Trading
Commission;
``(xi) a public accounting firm
registered in accordance with section
102 of the Sarbanes-Oxley Act (15
U.S.C. 7212) or an entity controlling,
controlled by, or under common control
of such a firm;
``(xii) a public utility that
provides telecommunications service,
electrical power, natural gas, or water
and sewer services, within the United
States;
``(xiii) a church, charity, nonprofit
entity, or other organization that is
described in section 501(c), 527, or
4947(a)(1) of the Internal Revenue Code
of 1986, that has not been denied tax
exempt status, and that has filed the
most recently due annual information
return with the Internal Revenue
Service, if required to file such a
return;
``(xiv) a financial market utility
designated by the Financial Stability
Oversight Council under section 804 of
the Dodd-Frank Wall Street Reform and
Consumer Protection Act;
``(xv) an insurance producer (as
defined in section 334 of the Gramm-
Leach-Bliley Act);
``(xvi) any pooled investment vehicle
that is operated or advised by a person
described in clause (iii), (iv), (v),
(vi), (viii), (ix), or (xi);
``(xvii) any business concern that--
``(I) employs more than 20
employees on a full-time basis
in the United States;
``(II) files income tax
returns in the United States
demonstrating more than
$5,000,000 in gross receipts or
sales; and
``(III) has an operating
presence at a physical office
within the United States; or
``(xviii) any corporation or limited
liability company formed and owned by
an entity described in this clause or
in clause (i), (ii), (iii), (iv), (v),
(vi), (vii), (viii), (ix), (x), (xi),
(xii), (xiii), (xiv), (xv), or (xvi);
and
``(D) do not include any individual business
concern or class of business concerns which the
Secretary of the Treasury and the Attorney
General of the United States have jointly
determined, by rule of otherwise, to be exempt
from the requirements of subsection (a), if the
Secretary and the Attorney General jointly
determine that requiring beneficial ownership
information from the business concern would not
serve the public interest and would not assist
law enforcement efforts to detect, prevent, or
prosecute terrorism, money laundering, tax
evasion, or other misconduct.
``(5) Fincen.--The term `FinCEN' means the Financial
Crimes Enforcement Network of the Department of the
Treasury.
``(6) Indian country.--The term `Indian country' has
the meaning given that term in section 1151 of title
18.
``(7) Indian tribe.--The term `Indian Tribe' has the
meaning given that term under section 102 of the
Federally Recognized Indian Tribe List Act of 1994.
``(8) Personal identification card.--The term
`personal identification card' means an identification
document issued by a State, Indian Tribe, or local
government to an individual solely for the purpose of
identification of that individual.
``(9) State.--The term `State' means any State,
commonwealth, territory, or possession of the United
States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana
Islands, American Samoa, Guam, or the United States
Virgin Islands.''.
(2) Rulemaking.--
(A) In general.--Not later than 1 year after
the date of enactment of this Act, the
Secretary of the Treasury shall issue
regulations to carry out this division and the
amendments made by this division, including, to
the extent necessary, to clarify the
definitions in section 5333(d) of title 31,
United States Code.
(B) Revision of final rule.--Not later than 1
year after the date of enactment of this Act,
the Secretary of the Treasury shall revise the
final rule titled ``Customer Due Diligence
Requirements for Financial Institutions'' (May
11, 2016; 81 Fed. Reg. 29397) to--
(i) bring the rule into conformance
with this division and the amendments
made by this division;
(ii) account for financial
institutions' access to comprehensive
beneficial ownership information filed
by corporations and limited liability
companies, under threat of civil and
criminal penalties, under this division
and the amendments made by this
division; and
(iii) reduce any burdens on financial
institutions that are, in light of the
enactment of this division and the
amendments made by this division,
unnecessary or duplicative.
(3) Conforming amendments.--Title 31, United States
Code, is amended--
(A) in section 5321(a)--
(i) in paragraph (1), by striking
``sections 5314 and 5315'' each place
it appears and inserting ``sections
5314, 5315, and 5333''; and
(ii) in paragraph (6), by inserting
``(except section 5333)'' after
``subchapter'' each place it appears;
and
(B) in section 5322, by striking ``section
5315 or 5324'' each place it appears and
inserting ``section 5315, 5324, or 5333''.
(4) Table of contents.--The table of contents of
chapter 53 of title 31, United States Code, is amended
by inserting after the item relating to section 5332
the following:
``5333. Transparent incorporation practices.''.
(b) Authorization of Appropriations.--There is authorized to
be appropriated $20,000,000 for each of fiscal years 2021 and
2022 to the Financial Crimes Enforcement Network to carry out
this division and the amendments made by this division.
(c) Federal Contractors.--Not later than the first day of the
first full fiscal year beginning at least 1 year after the date
of the enactment of this Act, the Administrator for Federal
Procurement Policy shall revise the Federal Acquisition
Regulation maintained under section 1303(a)(1) of title 41,
United States Code, to require any contractor or subcontractor
who is subject to the requirement to disclose beneficial
ownership information under section 5333 of title 31, United
States Code, to provide the information required to be
disclosed under such section to the Federal Government as part
of any bid or proposal for a contract with a value threshold in
excess of the simplified acquisition threshold under section
134 of title 41, United States Code.
SEC. 6004. STUDIES AND REPORTS.
(a) Updating of Beneficial Ownership Information.--
(1) Study.--The Secretary of the Treasury, in
consultation with the Attorney General of the United
States, shall conduct a study to evaluate--
(A) the necessity of a requirement for
corporations and limited liability companies to
update the list of their beneficial owners
within a specified amount of time after the
date of any change in the list of beneficial
owners or the information required to be
provided relating to each beneficial owner,
taking into account the annual filings required
under section 5333(a)(1)(B)(i) of title 31,
United States Code, and the information
contained in such annual filings; and
(B) the burden that a requirement to update
the list of beneficial owners within a
specified period of time after a change in such
list of beneficial owners would impose on
corporations and limited liability companies.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Treasury
shall submit a report on the study required under
paragraph (1) to the Committee on Financial Services of
the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(3) Public comment.--The Secretary of the Treasury
shall seek and consider public input, comments, and
data in order to conduct the study required under
subparagraph paragraph (1).
(b) Other Legal Entities.--Not later than 2 years after the
date of enactment of this Act, the Comptroller General of the
United States shall conduct a study and submit to the Congress
a report--
(1) identifying each State or Indian Tribe that has
procedures that enable persons to form or register
under the laws of the State or Indian Tribe
partnerships, trusts, or other legal entities, and the
nature of those procedures;
(2) identifying each State or Indian Tribe that
requires persons seeking to form or register
partnerships, trusts, or other legal entities under the
laws of the State or Indian Tribe to provide
information about the beneficial owners (as that term
is defined in section 5333(d)(1) of title 31, United
States Code, as added by this division) or
beneficiaries of such entities, and the nature of the
required information;
(3) evaluating whether the lack of available
beneficial ownership information for partnerships,
trusts, or other legal entities--
(A) raises concerns about the involvement of
such entities in terrorism, money laundering,
tax evasion, securities fraud, or other
misconduct;
(B) has impeded investigations into entities
suspected of such misconduct; and
(C) increases the costs to financial
institutions of complying with due diligence
requirements imposed under the Bank Secrecy
Act, the USA PATRIOT Act, or other applicable
Federal, State, or Tribal law; and
(4) evaluating whether the failure of the United
States to require beneficial ownership information for
partnerships and trusts formed or registered in the
United States has elicited international criticism and
what steps, if any, the United States has taken or is
planning to take in response.
(c) Effectiveness of Incorporation Practices.--Not later than
5 years after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a study
and submit to the Congress a report assessing the effectiveness
of incorporation practices implemented under this division and
the amendments made by this division in--
(1) providing law enforcement agencies with prompt
access to reliable, useful, and complete beneficial
ownership information; and
(2) strengthening the capability of law enforcement
agencies to combat incorporation abuses, civil and
criminal misconduct, and detect, prevent, or punish
terrorism, money laundering, tax evasion, or other
misconduct.
(d) Annual Report on Beneficial Ownership Information.--
(1) Report.--The Secretary of the Treasury shall
issue an annual report to the Committee on Financial
Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate with respect to the beneficial ownership
information collected pursuant to section 5333 of title
31, United States Code, that contains--
(A) aggregate data on the number of
beneficial owners per reporting corporation or
limited liability company;
(B) the industries or type of business of
each reporting corporation or limited liability
company; and
(C) the locations of the beneficial owners.
(2) Privacy.--In issuing reports under paragraph (1),
the Secretary shall not reveal the identities of
beneficial owners or names of the reporting
corporations or limited liability companies.
SEC. 6005. DEFINITIONS.
In this division, the terms ``Bank Secrecy Act'',
``beneficial owner'', ``corporation'', and ``limited liability
company'' have the meaning given those terms, respectively,
under section 5333(d) of title 31, United States Code.
DIVISION G--COUNTER ACT OF 2019
SEC. 7001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Coordinating Oversight, Upgrading and Innovating Technology,
and Examiner Reform Act of 2019'' or the ``COUNTER Act of
2019''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION G--COUNTER ACT OF 2019
Sec. 7001. Short title; table of contents.
Sec. 7002. Bank Secrecy Act definition.
TITLE I--STRENGTHENING TREASURY
Sec. 7101. Improving the definition and purpose of the Bank Secrecy Act.
Sec. 7102. Special hiring authority.
Sec. 7103. Civil Liberties and Privacy Officer.
Sec. 7104. Civil Liberties and Privacy Council.
Sec. 7105. International coordination.
Sec. 7106. Treasury Attaches Program.
Sec. 7107. Increasing technical assistance for international
cooperation.
Sec. 7108. FinCEN Domestic Liaisons.
Sec. 7109. FinCEN Exchange.
Sec. 7110. Study and strategy on trade-based money laundering.
Sec. 7111. Study and strategy on de-risking.
Sec. 7112. AML examination authority delegation study.
Sec. 7113. Study and strategy on Chinese money laundering.
TITLE II--IMPROVING AML/CFT OVERSIGHT
Sec. 7201. Pilot program on sharing of suspicious activity reports
within a financial group.
Sec. 7202. Sharing of compliance resources.
Sec. 7203. GAO Study on feedback loops.
Sec. 7204. FinCEN study on BSA value.
Sec. 7205. Sharing of threat pattern and trend information.
Sec. 7206. Modernization and upgrading whistleblower protections.
Sec. 7207. Certain violators barred from serving on boards of United
States financial institutions.
Sec. 7208. Additional damages for repeat Bank Secrecy Act violators.
Sec. 7209. Justice annual report on deferred and non-prosecution
agreements.
Sec. 7210. Return of profits and bonuses.
Sec. 7211. Application of Bank Secrecy Act to dealers in antiquities.
Sec. 7212. Geographic targeting order.
Sec. 7213. Study and revisions to currency transaction reports and
suspicious activity reports.
Sec. 7214. Streamlining requirements for currency transaction reports
and suspicious activity reports.
TITLE III--MODERNIZING THE AML SYSTEM
Sec. 7301. Encouraging innovation in BSA compliance.
Sec. 7302. Innovation Labs.
Sec. 7303. Innovation Council.
Sec. 7304. Testing methods rulemaking.
Sec. 7305. FinCEN study on use of emerging technologies.
Sec. 7306. Discretionary surplus funds.
SEC. 7002. BANK SECRECY ACT DEFINITION.
Section 5312(a) of title 31, United States Code, is amended
by adding at the end the following:
``(7) Bank secrecy act.--The term `Bank Secrecy act'
means--
``(A) section 21 of the Federal Deposit
Insurance Act;
``(B) chapter 2 of title I of Public Law 91-
508; and
``(C) this subchapter.''.
TITLE I--STRENGTHENING TREASURY
SEC. 7101. IMPROVING THE DEFINITION AND PURPOSE OF THE BANK SECRECY
ACT.
Section 5311 of title 31, United States Code, is amended--
(1) by inserting ``to protect our national security,
to safeguard the integrity of the international
financial system, and'' before ``to require''; and
(2) by inserting ``to law enforcement and'' before
``in criminal''.
SEC. 7102. SPECIAL HIRING AUTHORITY.
(a) In General.--Section 310 of title 31, United States Code,
is amended--
(1) by redesignating subsection (d) as subsection
(g); and
(2) by inserting after subsection (c) the following:
``(d) Special Hiring Authority.--
``(1) In general.--The Secretary of the Treasury may
appoint, without regard to the provisions of sections
3309 through 3318 of title 5, candidates directly to
positions in the competitive service (as defined in
section 2102 of that title) in FinCEN.
``(2) Primary responsibilities.--The primary
responsibility of candidates appointed pursuant to
paragraph (1) shall be to provide substantive support
in support of the duties described in subparagraphs
(A), (B), (E), and (F) of subsection (b)(2).''.
(b) Report.--Not later than 360 days after the date of
enactment of this Act, and every year thereafter for 7 years,
the Director of the Financial Crimes Enforcement Network shall
submit a report to the Committee on Financial Services of the
House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate that includes--
(1) the number of new employees hired since the
preceding report through the authorities described
under section 310(d) of title 31, United States Code,
along with position titles and associated pay grades
for such hires; and
(2) a copy of any Federal Government survey of staff
perspectives at the Office of Terrorism and Financial
Intelligence, including findings regarding the Office
and the Financial Crimes Enforcement Network from the
most recently administered Federal Employee Viewpoint
Survey.
SEC. 7103. CIVIL LIBERTIES AND PRIVACY OFFICER.
(a) Appointment of Officers.--Not later than the end of the
3-month period beginning on the date of enactment of this Act,
a Civil Liberties and Privacy Officer shall be appointed, from
among individuals who are attorneys with expertise in data
privacy laws--
(1) within each Federal functional regulator, by the
head of the Federal functional regulator;
(2) within the Financial Crimes Enforcement Network,
by the Secretary of the Treasury; and
(3) within the Internal Revenue Service Small
Business and Self-Employed Tax Center, by the Secretary
of the Treasury.
(b) Duties.--Each Civil Liberties and Privacy Officer shall,
with respect to the applicable regulator, Network, or Center
within which the Officer is located--
(1) be consulted each time Bank Secrecy Act or anti-
money laundering regulations affecting civil liberties
or privacy are developed or reviewed;
(2) be consulted on information-sharing programs,
including those that provide access to personally
identifiable information;
(3) ensure coordination and clarity between anti-
money laundering, civil liberties, and privacy
regulations;
(4) contribute to the evaluation and regulation of
new technologies that may strengthen data privacy and
the protection of personally identifiable information
collected by each Federal functional regulator; and
(5) develop metrics of program success.
(c) Definitions.--For purposes of this section:
(1) Bank secrecy act.--The term ``Bank Secrecy Act''
has the meaning given that term under section 5312 of
title 31, United States Code.
(2) Federal functional regulator.--The term ``Federal
functional regulator'' means the Board of Governors of
the Federal Reserve System, the Comptroller of the
Currency, the Federal Deposit Insurance Corporation,
the National Credit Union Administration, the
Securities and Exchange Commission, and the Commodity
Futures Trading Commission.
SEC. 7104. CIVIL LIBERTIES AND PRIVACY COUNCIL.
(a) Establishment.--There is established the Civil Liberties
and Privacy Council (hereinafter in this section referred to as
the ``Council''), which shall consist of the Civil Liberties
and Privacy Officers appointed pursuant to section 7103.
(b) Chair.--The Director of the Financial Crimes Enforcement
Network shall serve as the Chair of the Council.
(c) Duty.--The members of the Council shall coordinate on
activities related to their duties as Civil Liberties Privacy
Officers, but may not supplant the individual agency
determinations on civil liberties and privacy.
(d) Meetings.--The meetings of the Council--
(1) shall be at the call of the Chair, but in no case
may the Council meet less than quarterly;
(2) may include open and partially closed sessions,
as determined necessary by the Council; and
(3) shall include participation by public and private
entities, law enforcement agencies, and a
representative of State bank supervisors (as defined
under section 3 of the Federal Deposit Insurance Act
(12 U.S.C. 1813)).
(e) Report.--The Chair of the Council shall issue an annual
report to the Congress on the program and policy activities,
including the success of programs as measured by metrics of
program success developed pursuant to section 103(b)(5), of the
Council during the previous year and any legislative
recommendations that the Council may have.
(f) Nonapplicability of FACA.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Council.
SEC. 7105. INTERNATIONAL COORDINATION.
(a) In General.--The Secretary of the Treasury shall work
with the Secretary's foreign counterparts, including through
the Financial Action Task Force, the International Monetary
Fund, the World Bank, the Egmont Group of Financial
Intelligence Units, the Organisation for Economic Co-operation
and Development, and the United Nations, to promote stronger
anti-money laundering frameworks and enforcement of anti-money
laundering laws.
(b) Cooperation Goal.--In carrying out subsection (a), the
Secretary of the Treasury may work directly with foreign
counterparts and other organizations where the goal of
cooperation can best be met.
(c) International Monetary Fund.--
(1) Support for capacity of the international
monetary fund to prevent money laundering and financing
of terrorism.--Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p et seq.) is amended by
adding at the end the following:
``SEC. 1629. SUPPORT FOR CAPACITY OF THE INTERNATIONAL MONETARY FUND TO
PREVENT MONEY LAUNDERING AND FINANCING OF
TERRORISM.
``The Secretary of the Treasury shall instruct the United
States Executive Director at the International Monetary Fund to
support the increased use of the administrative budget of the
Fund for technical assistance that strengthens the capacity of
Fund members to prevent money laundering and the financing of
terrorism.''.
(2) National advisory council report to congress.--
The Chairman of the National Advisory Council on
International Monetary and Financial Policies shall
include in the report required by section 1701 of the
International Financial Institutions Act (22 U.S.C.
262r) a description of--
(A) the activities of the International
Monetary Fund in the most recently completed
fiscal year to provide technical assistance
that strengthens the capacity of Fund members
to prevent money laundering and the financing
of terrorism, and the effectiveness of the
assistance; and
(B) the efficacy of efforts by the United
States to support such technical assistance
through the use of the Fund's administrative
budget, and the level of such support.
(3) Sunset.--Effective on the date that is the end of
the 4-year period beginning on the date of enactment of
this Act, section 1629 of the International Financial
Institutions Act, as added by paragraph (1), is
repealed.
SEC. 7106. TREASURY ATTACHES PROGRAM.
(a) In General.--Title 31, United States Code, is amended by
inserting after section 315 the following:
``Sec. 316. Treasury Attaches Program
``(a) In General.--There is established the Treasury Attaches
Program, under which the Secretary of the Treasury shall
appoint employees of the Department of the Treasury, after
nomination by the Director of the Financial Crimes Enforcement
Network (`FinCEN'), as a Treasury attache, who shall--
``(1) be knowledgeable about the Bank Secrecy Act and
anti-money laundering issues;
``(2) be co-located in a United States embassy;
``(3) perform outreach with respect to Bank Secrecy
Act and anti-money laundering issues;
``(4) establish and maintain relationships with
foreign counterparts, including employees of ministries
of finance, central banks, and other relevant official
entities;
``(5) conduct outreach to local and foreign financial
institutions and other commercial actors, including--
``(A) information exchanges through FinCEN
and FinCEN programs; and
``(B) soliciting buy-in and cooperation for
the implementation of--
``(i) United States and multilateral
sanctions; and
``(ii) international standards on
anti-money laundering and the
countering of the financing of
terrorism; and
``(6) perform such other actions as the Secretary
determines appropriate.
``(b) Number of Attaches.--The number of Treasury attaches
appointed under this section at any one time shall be not fewer
than 6 more employees than the number of employees of the
Department of the Treasury serving as Treasury attaches on
March 1, 2020.
``(c) Compensation.--Each Treasury attache appointed under
this section and located at a United States embassy shall
receive compensation at the higher of--
``(1) the rate of compensation provided to a Foreign
Service officer at a comparable career level serving at
the same embassy; or
``(2) the rate of compensation the Treasury attache
would otherwise have received, absent the application
of this subsection.
``(d) Bank Secrecy Act Defined.--In this section, the term
`Bank Secrecy Act' has the meaning given that term under
section 5312.''.
(b) Clerical Amendment.--The table of contents for chapter 3
of title 31, United States Code, is amended by inserting after
the item relating to section 315 the following:
``316. Treasury Attaches Program.''.
SEC. 7107. INCREASING TECHNICAL ASSISTANCE FOR INTERNATIONAL
COOPERATION.
(a) In General.--There is authorized to be appropriated for
each of fiscal years 2021 through 2025 to the Secretary of the
Treasury for purposes of providing technical assistance that
promotes compliance with international standards and best
practices, including in particular those aimed at the
establishment of effective anti-money laundering and countering
the financing of terrorism regimes, in an amount equal to twice
the amount authorized for such purpose for fiscal year 2020.
(b) Activity and Evaluation Report.--Not later than 360 days
after enactment of this Act, and every year thereafter for five
years, the Secretary of the Treasury shall issue a report to
the Congress on the assistance (as described under subsection
(a)) of the Office of Technical Assistance of the Department of
the Treasury containing--
(1) a narrative detailing the strategic goals of the
Office in the previous year, with an explanation of how
technical assistance provided in the previous year
advances the goals;
(2) a description of technical assistance provided by
the Office in the previous year, including the
objectives and delivery methods of the assistance;
(3) a list of beneficiaries and providers (other than
Office staff) of the technical assistance;
(4) a description of how technical assistance
provided by the Office complements, duplicates, or
otherwise affects or is affected by technical
assistance provided by the international financial
institutions (as defined under section 1701(c) of the
International Financial Institutions Act); and
(5) a copy of any Federal Government survey of staff
perspectives at the Office of Technical Assistance,
including any findings regarding the Office from the
most recently administered Federal Employee Viewpoint
Survey.
SEC. 7108. FINCEN DOMESTIC LIAISONS.
Section 310 of title 31, United States Code, as amended by
section 7102, is further amended by inserting after subsection
(d) the following:
``(e) FinCEN Domestic Liaisons.--
``(1) In general.--The Director of FinCEN shall
appoint at least 6 senior FinCEN employees as FinCEN
Domestic Liaisons, who shall--
``(A) each be assigned to focus on a specific
region of the United States;
``(B) be located at an office in such region
(or co-located at an office of the Board of
Governors of the Federal Reserve System in such
region); and
``(C) perform outreach to BSA officers at
financial institutions (including non-bank
financial institutions) and persons who are not
financial institutions, especially with respect
to actions taken by FinCEN that require
specific actions by, or have specific effects
on, such institutions or persons, as determined
by the Director.
``(2) Definitions.--In this subsection:
``(A) BSA officer.--The term `BSA officer'
means an employee of a financial institution
whose primary job responsibility involves
compliance with the Bank Secrecy Act, as such
term is defined under section 5312.
``(B) Financial institution.--The term
`financial institution' has the meaning given
that term under section 5312.''.
SEC. 7109. FINCEN EXCHANGE.
Section 310 of title 31, United States Code, as amended by
section 7108, is further amended by inserting after subsection
(e) the following:
``(f) FinCEN Exchange.--
``(1) Establishment.--The FinCEN Exchange is hereby
established within FinCEN, which shall consist of the
FinCEN Exchange program of FinCEN in existence on the
day before the date of enactment of this paragraph.
``(2) Purpose.--The FinCEN Exchange shall facilitate
a voluntary public-private information sharing
partnership among law enforcement, financial
institutions, and FinCEN to--
``(A) effectively and efficiently combat
money laundering, terrorism financing,
organized crime, and other financial crimes;
``(B) protect the financial system from
illicit use; and
``(C) promote national security.
``(3) Report.--
``(A) In general.--Not later than one year
after the date of enactment of this subsection,
and annually thereafter for the next five
years, the Secretary of the Treasury shall
submit to the Committee on Financial Services
of the House of Representatives and the
Committee on Banking, Housing, and Urban
Affairs of the Senate a report containing--
``(i) an analysis of the efforts
undertaken by the FinCEN Exchange and
the results of such efforts;
``(ii) an analysis of the extent and
effectiveness of the FinCEN Exchange,
including any benefits realized by law
enforcement from partnership with
financial institutions; and
``(iii) any legislative,
administrative, or other
recommendations the Secretary may have
to strengthen FinCEN Exchange efforts.
``(B) Classified annex.--Each report under
subparagraph (A) may include a classified
annex.
``(4) Information sharing requirement.--Information
shared pursuant to this subsection shall be shared in
compliance with all other applicable Federal laws and
regulations.
``(5) Rule of construction.--Nothing under this
subsection may be construed to create new information
sharing authorities related to the Bank Secrecy Act (as
such term is defined under section 5312 of title 31,
United States Code).
``(6) Financial institution defined.--In this
subsection, the term `financial institution' has the
meaning given that term under section 5312.''.
SEC. 7110. STUDY AND STRATEGY ON TRADE-BASED MONEY LAUNDERING.
(a) Study.--The Secretary of the Treasury shall carry out a
study, in consultation with appropriate private sector
stakeholders and Federal departments and agencies, on trade-
based money laundering.
(b) Report.--Not later than the end of the 1-year period
beginning on the date of the enactment of this Act, the
Secretary shall issue a report to the Congress containing--
(1) all findings and determinations made in carrying
out the study required under subsection (a); and
(2) proposed strategies to combat trade-based money
laundering.
(c) Classified Annex.--The report required under this section
may include a classified annex.
(d) Contracting Authority.--The Secretary may contract with a
private third-party to carry out the study required under this
section. The authority of the Secretary to enter into contracts
under this subsection shall be in effect for each fiscal year
only to the extent and in the amounts as are provided in
advance in appropriations Acts.
SEC. 7111. STUDY AND STRATEGY ON DE-RISKING.
(a) Review.--The Secretary of the Treasury, in consultation
with appropriate private sector stakeholders, examiners, the
Federal functional regulators (as defined under section 7103),
State bank supervisors, and other relevant stakeholders, shall
undertake a formal review of--
(1) any adverse consequences of financial
institutions de-risking entire categories of
relationships, including charities, embassy accounts,
money services businesses (as defined under section
1010.100(ff) of title 31, Code of Federal Regulations)
and their agents, countries, international and domestic
regions, and respondent banks;
(2) the reasons why financial institutions are
engaging in de-risking;
(3) the association with and effects of de-risking on
money laundering and financial crime actors and
activities;
(4) the most appropriate ways to promote financial
inclusion, particularly with respect to developing
countries, while maintaining compliance with the Bank
Secrecy Act, including an assessment of policy options
to--
(A) more effectively tailor Federal actions
and penalties to the size of foreign financial
institutions and any capacity limitations of
foreign governments; and
(B) reduce compliance costs that may lead to
the adverse consequences described in paragraph
(1);
(5) formal and informal feedback provided by
examiners that may have led to de-risking;
(6) the relationship between resources dedicated to
compliance and overall sophistication of compliance
efforts at entities that may be experiencing de-risking
versus those that have not experienced de-risking; and
(7) any best practices from the private sector that
facilitate correspondent bank relationships.
(b) De-risking Strategy.--The Secretary shall develop a
strategy to reduce de-risking and adverse consequences related
to de-risking.
(c) Report.--Not later than the end of the 1-year period
beginning on the date of the enactment of this Act, the
Secretary, in consultation with the Federal functional
regulators, State bank supervisors, and other relevant
stakeholders, shall issue a report to the Congress containing--
(1) all findings and determinations made in carrying
out the study required under subsection (a); and
(2) the strategy developed pursuant to subsection
(b).
(d) Definitions.--In this section:
(1) De-risking.--The term ``de-risking'' means the
wholesale closing of accounts or limiting of financial
services for a category of customer due to
unsubstantiated risk as it relates to compliance with
the Bank Secrecy Act.
(2) BSA terms.--The terms ``Bank Secrecy Act'' and
``financial institution'' have the meaning given those
terms, respectively, under section 5312 off title 31,
United States Code.
(3) State bank supervisor.--The term ``State bank
supervisor'' has the meaning given that term under
section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813).
SEC. 7112. AML EXAMINATION AUTHORITY DELEGATION STUDY.
(a) Study.--The Secretary of the Treasury, in consultation
with State bank supervisors (as defined under section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813)) and other
relevant stakeholders, shall carry out a study on the
Secretary's delegation of examination authority under the Bank
Secrecy Act, including--
(1) an evaluation of the efficacy of the delegation,
especially with respect to the mission of the Bank
Secrecy Act;
(2) whether the delegated agencies have appropriate
resources to perform their delegated responsibilities;
and
(3) whether the examiners in delegated agencies have
sufficient training and support to perform their
responsibilities.
(b) Report.--Not later than one year after the date of
enactment of this Act, the Secretary of the Treasury shall
submit to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate a report containing--
(1) all findings and determinations made in carrying
out the study required under subsection (a); and
(2) recommendations to improve the efficacy of
delegation authority, including the potential for de-
delegation of any or all such authority where it may be
appropriate.
(c) Bank Secrecy Act Defined.--The term ``Bank Secrecy Act''
has the meaning given that term under section 5312 off title
31, United States Code.
SEC. 7113. STUDY AND STRATEGY ON CHINESE MONEY LAUNDERING.
(a) Study.--The Secretary of the Treasury shall carry out a
study on the extent and effect of Chinese money laundering
activities in the United States, including territories and
possessions of the United States, and worldwide.
(b) Strategy to Combat Chinese Money Laundering.--Upon the
completion of the study required under subsection (a), the
Secretary shall, in consultation with such other Federal
departments and agencies as the Secretary determines
appropriate, develop a strategy to combat Chinese money
laundering activities.
(c) Report.--Not later than the end of the 1-year period
beginning on the date of enactment of this Act, the Secretary
of the Treasury shall issue a report to Congress containing--
(1) all findings and determinations made in carrying
out the study required under subsection (a); and
(2) the strategy developed under subsection (b).
TITLE II--IMPROVING AML/CFT OVERSIGHT
SEC. 7201. PILOT PROGRAM ON SHARING OF SUSPICIOUS ACTIVITY REPORTS
WITHIN A FINANCIAL GROUP.
(a) In General.--
(1) Sharing with foreign branches and affiliates.--
Section 5318(g) of title 31, United States Code, is
amended by adding at the end the following:
``(5) Pilot program on sharing with foreign branches,
subsidiaries, and affiliates.--
``(A) In general.--The Secretary of the
Treasury shall issue rules establishing the
pilot program described under subparagraph (B),
subject to such controls and restrictions as
the Director of the Financial Crimes
Enforcement Network determines appropriate,
including controls and restrictions regarding
participation by financial institutions and
jurisdictions in the pilot program. In
prescribing such rules, the Secretary shall
ensure that the sharing of information
described under such subparagraph (B) is
subject to appropriate standards and
requirements regarding data security and the
confidentiality of personally identifiable
information.
``(B) Pilot program described.--The pilot
program required under this paragraph shall--
``(i) permit a financial institution
with a reporting obligation under this
subsection to share reports (and
information on such reports) under this
subsection with the institution's
foreign branches, subsidiaries, and
affiliates for the purpose of combating
illicit finance risks, notwithstanding
any other provision of law except
subparagraphs (A) and (C);
``(ii) terminate on the date that is
five years after the date of enactment
of this paragraph, except that the
Secretary may extend the pilot program
for up to two years upon submitting a
report to the Committee on Financial
Services of the House of
Representatives and the Committee on
Banking, Housing, and Urban Affairs of
the Senate that includes--
``(I) a certification that
the extension is in the
national interest of the United
States, with a detailed
explanation of the reasons
therefor;
``(II) an evaluation of the
usefulness of the pilot
program, including a detailed
analysis of any illicit
activity identified or
prevented as a result of the
program; and
``(III) a detailed
legislative proposal providing
for a long-term extension of
the pilot program activities,
including expected budgetary
resources for the activities,
if the Secretary determines
that a long-term extension is
appropriate.
``(C) Prohibition involving certain
jurisdictions.--In issuing the regulations
required under subparagraph (A), the Secretary
may not permit a financial institution to share
information on reports under this subsection
with a foreign branch, subsidiary, or affiliate
located in--
``(i) the People's Republic of China;
``(ii) the Russian Federation; or
``(iii) a jurisdiction that--
``(I) is subject to
countermeasures imposed by the
Federal Government;
``(II) is a state sponsor of
terrorism; or
``(III) the Secretary has
determined cannot reasonably
protect the privacy and
confidentiality of such
information or would otherwise
use such information in a
manner that is not consistent
with the national interest of
the United States.
``(D) Implementation updates.--Not later than
360 days after the date rules are issued under
subparagraph (A), and annually thereafter for
three years, the Secretary, or the Secretary's
designee, shall brief the Committee on
Financial Services of the House of
Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate on--
``(i) the degree of any information
sharing permitted under the pilot
program, and a description of criteria
used by the Secretary to evaluate the
appropriateness of the information
sharing;
``(ii) the effectiveness of the pilot
program in identifying or preventing
the violation of a United States law or
regulation, and mechanisms that may
improve such effectiveness; and
``(iii) any recommendations to amend
the design of the pilot program.
``(E) Rule of construction.--Nothing in this
paragraph shall be construed as limiting the
Secretary's authority under provisions of law
other than this paragraph to establish other
permissible purposes or methods for a financial
institution sharing reports (and information on
such reports) under this subsection with the
institution's foreign headquarters or with
other branches of the same institution.
``(F) Notice of use of other authority.--If
the Secretary, pursuant to any authority other
than that provided under this paragraph,
permits a financial institution to share
information on reports under this subsection
with a foreign branch, subsidiary, or affiliate
located in a foreign jurisdiction, the
Secretary shall notify the Committee on
Financial Services of the House of
Representatives and the Committee on Banking,
Housing, and Urban Affairs of such permission
and the applicable foreign jurisdiction.
``(6) Treatment of foreign jurisdiction-originated
reports.--A report received by a financial institution
from a foreign affiliate with respect to a suspicious
transaction relevant to a possible violation of law or
regulation shall be subject to the same confidentiality
requirements provided under this subsection for a
report of a suspicious transaction described under
paragraph (1).''.
(2) Notification prohibitions.--Section 5318(g)(2)(A)
of title 31, United States Code, is amended--
(A) in clause (i), by inserting after
``transaction has been reported'' the
following: ``or otherwise reveal any
information that would reveal that the
transaction has been reported''; and
(B) in clause (ii), by inserting after
``transaction has been reported,'' the
following: ``or otherwise reveal any
information that would reveal that the
transaction has been reported,''.
(b) Rulemaking.--Not later than the end of the 360-day period
beginning on the date of enactment of this Act, the Secretary
of the Treasury shall issue regulations to carry out the
amendments made by this section.
SEC. 7202. SHARING OF COMPLIANCE RESOURCES.
(a) In General.--Section 5318 of title 31, United States
Code, is amended by adding at the end the following:
``(o) Sharing of Compliance Resources.--
``(1) Sharing permitted.--Two or more financial
institutions may enter into collaborative arrangements
in order to more efficiently comply with the
requirements of this subchapter.
``(2) Outreach.--The Secretary of the Treasury and
the appropriate supervising agencies shall carry out an
outreach program to provide financial institutions with
information, including best practices, with respect to
the sharing of resources described under paragraph
(1).''.
(b) Rule of Construction.--The amendment made by subsection
(a) may not be construed to require financial institutions to
share resources.
SEC. 7203. GAO STUDY ON FEEDBACK LOOPS.
(a) Study.--The Comptroller General of the United States
shall carry out a study on--
(1) best practices within the United States
Government for providing feedback (``feedback loop'')
to relevant parties (including regulated private
entities) on the usage and usefulness of personally
identifiable information (``PII''), sensitive-but-
unclassified (``SBU'') data, or similar information
provided by such parties to Government users of such
information and data (including law enforcement or
regulators); and
(2) any practices or standards inside or outside the
United States for providing feedback through sensitive
information and public-private partnership information
sharing efforts, specifically related to efforts to
combat money laundering and other forms of illicit
finance.
(b) Report.--Not later than the end of the 18-month period
beginning on the date of the enactment of this Act, the
Comptroller General shall issue a report to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives
containing--
(1) all findings and determinations made in carrying
out the study required under subsection (a);
(2) with respect to each of paragraphs (1) and (2) of
subsection (a), any best practices or significant
concerns identified by the Comptroller General, and
their applicability to public-private partnerships and
feedback loops with respect to United States efforts to
combat money laundering and other forms of illicit
finance; and
(3) recommendations to reduce or eliminate any
unnecessary Government collection of the information
described under subsection (a)(1).
SEC. 7204. FINCEN STUDY ON BSA VALUE.
(a) Study.--The Director of the Financial Crimes Enforcement
Network shall carry out a study on Bank Secrecy Act value.
(b) Report.--Not later than the end of the 30-day period
beginning on the date the study under subsection (a) is
completed, the Director shall issue a report to the Committee
on Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
containing all findings and determinations made in carrying out
the study required under this section.
(c) Classified Annex.--The report required under this section
may include a classified annex, if the Director determines it
appropriate.
(d) Bank Secrecy Act Defined.--For purposes of this section,
the term ``Bank Secrecy Act'' has the meaning given that term
under section 5312 of title 31, United States Code.
SEC. 7205. SHARING OF THREAT PATTERN AND TREND INFORMATION.
Section 5318(g) of title 31, United States Code, as amended
by section 7201(a)(1), is further amended by adding at the end
the following:
``(7) Sharing of threat pattern and trend
information.--
``(A) SAR activity review.--The Director of
the Financial Crimes Enforcement Network shall
restart publication of the `SAR Activity Review
- Trends, Tips & Issues', on not less than a
semi-annual basis, to provide meaningful
information about the preparation, use, and
value of reports filed under this subsection by
financial institutions, as well as other
reports filed by financial institutions under
the Bank Secrecy Act.
``(B) Inclusion of typologies.--In each
publication described under subparagraph (A),
the Director shall provide financial
institutions with typologies, including data
that can be adapted in algorithms (including
for artificial intelligence and machine
learning programs) where appropriate, on
emerging money laundering and counter terror
financing threat patterns and trends.
``(C) Typology defined.--For purposes of this
paragraph, the term `typology' means the
various techniques used to launder money or
finance terrorism.''.
SEC. 7206. MODERNIZATION AND UPGRADING WHISTLEBLOWER PROTECTIONS.
(a) Rewards.--Section 5323(d) of title 31, United States
Code, is amended to read as follows:
``(d) Source of Rewards.--For the purposes of paying a reward
under this section, the Secretary may, subject to amounts made
available in advance by appropriation Acts, use criminal fine,
civil penalty, or forfeiture amounts recovered based on the
original information with respect to which the reward is being
paid.''.
(b) Whistleblower Incentives.--Chapter 53 of title 31, United
States Code, is amended--
(1) by inserting after section 5323 the following:
``Sec. 5323A. Whistleblower incentives
``(a) Definitions.--In this section:
``(1) Covered judicial or administrative action.--The
term `covered judicial or administrative action' means
any judicial or administrative action brought by FinCEN
under the Bank Secrecy Act that results in monetary
sanctions exceeding $1,000,000.
``(2) FinCEN.--The term `FinCEN' means the Financial
Crimes Enforcement Network.
``(3) Monetary sanctions.--The term `monetary
sanctions', when used with respect to any judicial or
administrative action, means--
``(A) any monies, including penalties,
disgorgement, and interest, ordered to be paid;
and
``(B) any monies deposited into a
disgorgement fund as a result of such action or
any settlement of such action.
``(4) Original information.--The term `original
information' means information that--
``(A) is derived from the independent
knowledge or analysis of a whistleblower;
``(B) is not known to FinCEN from any other
source, unless the whistleblower is the
original source of the information; and
``(C) is not exclusively derived from an
allegation made in a judicial or administrative
hearing, in a governmental report, hearing,
audit, or investigation, or from the news
media, unless the whistleblower is a source of
the information.
``(5) Related action.--The term `related action',
when used with respect to any judicial or
administrative action brought by FinCEN, means any
judicial or administrative action that is based upon
original information provided by a whistleblower that
led to the successful enforcement of the action.
``(6) Secretary.--The term `Secretary' means the
Secretary of the Treasury.
``(7) Whistleblower.--The term `whistleblower' means
any individual who provides, or 2 or more individuals
acting jointly who provide, information relating to a
violation of laws enforced by FinCEN, in a manner
established, by rule or regulation, by FinCEN.
``(b) Awards.--
``(1) In general.--In any covered judicial or
administrative action, or related action, the
Secretary, under such rules as the Secretary may issue
and subject to subsection (c), shall pay an award or
awards to 1 or more whistleblowers who voluntarily
provided original information to FinCEN that led to the
successful enforcement of the covered judicial or
administrative action, or related action, in an
aggregate amount equal to not more than 30 percent, in
total, of what has been collected of the monetary
sanctions imposed in the action.
``(2) Source of awards.--For the purposes of paying
any award under paragraph (1), the Secretary may,
subject to amounts made available in advance by
appropriation Acts, use monetary sanction amounts
recovered based on the original information with
respect to which the award is being paid.
``(c) Determination of Amount of Award; Denial of Award.--
``(1) Determination of amount of award.--
``(A) Discretion.--The determination of the
amount of an award made under subsection (b)
shall be in the discretion of the Secretary.
``(B) Criteria.--In responding to a
disclosure and determining the amount of an
award made, FinCEN staff shall meet with the
whistleblower to discuss evidence disclosed and
rebuttals to the disclosure, and shall take
into consideration--
``(i) the significance of the
information provided by the
whistleblower to the success of the
covered judicial or administrative
action;
``(ii) the degree of assistance
provided by the whistleblower and any
legal representative of the
whistleblower in a covered judicial or
administrative action;
``(iii) the mission of FinCEN in
deterring violations of the law by
making awards to whistleblowers who
provide information that lead to the
successful enforcement of such laws;
and
``(iv) such additional relevant
factors as the Secretary may establish
by rule.
``(2) Denial of award.--No award under subsection (b)
shall be made--
``(A) to any whistleblower who is, or was at
the time the whistleblower acquired the
original information submitted to FinCEN, a
member, officer, or employee of--
``(i) an appropriate regulatory
agency;
``(ii) the Department of Justice;
``(iii) a self-regulatory
organization; or
``(iv) a law enforcement
organization;
``(B) to any whistleblower who is convicted
of a criminal violation, or who the Secretary
has a reasonable basis to believe committed a
criminal violation, related to the judicial or
administrative action for which the
whistleblower otherwise could receive an award
under this section;
``(C) to any whistleblower who gains the
information through the performance of an audit
of financial statements required under the Bank
Secrecy Act and for whom such submission would
be contrary to its requirements; or
``(D) to any whistleblower who fails to
submit information to FinCEN in such form as
the Secretary may, by rule, require.
``(3) Statement of reasons.--For any decision
granting or denying an award, the Secretary shall
provide to the whistleblower a statement of reasons
that includes findings of fact and conclusions of law
for all material issues.
``(d) Representation.--
``(1) Permitted representation.--Any whistleblower
who makes a claim for an award under subsection (b) may
be represented by counsel.
``(2) Required representation.--
``(A) In general.--Any whistleblower who
anonymously makes a claim for an award under
subsection (b) shall be represented by counsel
if the whistleblower anonymously submits the
information upon which the claim is based.
``(B) Disclosure of identity.--Prior to the
payment of an award, a whistleblower shall
disclose their identity and provide such other
information as the Secretary may require,
directly or through counsel for the
whistleblower.
``(e) Appeals.--Any determination made under this section,
including whether, to whom, or in what amount to make awards,
shall be in the discretion of the Secretary. Any such
determination, except the determination of the amount of an
award if the award was made in accordance with subsection (b),
may be appealed to the appropriate court of appeals of the
United States not more than 30 days after the determination is
issued by the Secretary. The court shall review the
determination made by the Secretary in accordance with section
706 of title 5.
``(f) Employee Protections.--The Secretary of the Treasury
shall issue regulations protecting a whistleblower from
retaliation, which shall be as close as practicable to the
employee protections provided for under section 1057 of the
Consumer Financial Protection Act of 2010.''; and
(2) in the table of contents for such chapter, by
inserting after the item relating to section 5323 the
following new item:
``5323A. Whistleblower incentives.''.
SEC. 7207. CERTAIN VIOLATORS BARRED FROM SERVING ON BOARDS OF UNITED
STATES FINANCIAL INSTITUTIONS.
Section 5321 of title 31, United States Code, is amended by
adding at the end the following:
``(f) Certain Violators Barred From Serving on Boards of
United States Financial Institutions.--
``(1) In general.--An individual found to have
committed an egregious violation of a provision of (or
rule issued under) the Bank Secrecy Act shall be barred
from serving on the board of directors of a United
States financial institution for a 10-year period
beginning on the date of such finding.
``(2) Egregious violation defined.--With respect to
an individual, the term `egregious violation' means--
``(A) a felony criminal violation for which
the individual was convicted; and
``(B) a civil violation where the individual
willfully committed such violation and the
violation facilitated money laundering or the
financing of terrorism.''.
SEC. 7208. ADDITIONAL DAMAGES FOR REPEAT BANK SECRECY ACT VIOLATORS.
(a) In General.--Section 5321 of title 31, United States
Code, as amended by section 7208, is further amended by adding
at the end the following:
``(g) Additional Damages for Repeat Violators.--In addition
to any other fines permitted by this section and section 5322,
with respect to a person who has previously been convicted of a
criminal provision of (or rule issued under) the Bank Secrecy
Act or who has admitted, as part of a deferred- or non-
prosecution agreement, to having previously committed a
violation of a criminal provision of (or rule issued under) the
Bank Secrecy Act, the Secretary may impose an additional civil
penalty against such person for each additional such violation
in an amount equal to up three times the profit gained or loss
avoided by such person as a result of the violation.''.
(b) Prospective Application of Amendment.--For purposes of
determining whether a person has committed a previous violation
under section 5321(g) of title 31, United States Code, such
determination shall only include violations occurring after the
date of enactment of this Act.
SEC. 7209. JUSTICE ANNUAL REPORT ON DEFERRED AND NON-PROSECUTION
AGREEMENTS.
(a) Annual Report.--The Attorney General shall issue an
annual report, every year for the five years beginning on the
date of enactment of this Act, to the Committees on Financial
Services and the Judiciary of the House of Representatives and
the Committees on Banking, Housing, and Urban Affairs and the
Judiciary of the Senate containing--
(1) a list of deferred prosecution agreements and
non-prosecution agreements that the Attorney General
has entered into during the previous year with any
person with respect to a violation or suspected
violation of the Bank Secrecy Act;
(2) the justification for entering into each such
agreement;
(3) the list of factors that were taken into account
in determining that the Attorney General should enter
into each such agreement; and
(4) the extent of coordination the Attorney General
conducted with the Financial Crimes Enforcement Network
prior to entering into each such agreement.
(b) Classified Annex.--Each report under subsection (a) may
include a classified annex.
(c) Bank Secrecy Act Defined.--For purposes of this section,
the term ``Bank Secrecy Act'' has the meaning given that term
under section 5312 of title 31, United States Code.
SEC. 7210. RETURN OF PROFITS AND BONUSES.
(a) In General.--Section 5322 of title 31, United States
Code, is amended by adding at the end the following:
``(e) Return of Profits and Bonuses.--A person convicted of
violating a provision of (or rule issued under) the Bank
Secrecy Act shall--
``(1) in addition to any other fine under this
section, be fined in an amount equal to the profit
gained by such person by reason of such violation, as
determined by the court; and
``(2) if such person is an individual who was a
partner, director, officer, or employee of a financial
institution at the time the violation occurred, repay
to such financial institution any bonus paid to such
individual during the Federal fiscal year in which the
violation occurred or the Federal fiscal year after
which the violation occurred.''.
(b) Rule of Construction.--The amendment made by subsection
(a) may not be construed to prohibit a financial institution
from requiring the repayment of a bonus paid to a partner,
director, officer, or employee if the financial institution
determines that the partner, director, officer, or employee
engaged in unethical, but non-criminal, activities.
SEC. 7211. APPLICATION OF BANK SECRECY ACT TO DEALERS IN ANTIQUITIES.
(a) In General.--Section 5312(a)(2) of title 31, United
States Code, is amended--
(1) in subparagraph (Y), by striking ``or'' at the
end;
(2) by redesignating subparagraph (Z) as subparagraph
(AA); and
(3) by inserting after subsection (Y) the following:
``(Z) a person trading or acting as an
intermediary in the trade of antiquities,
including an advisor, consultant or any other
person who engages as a business in the
solicitation of the sale of antiquities; or''.
(b) Study on the Facilitation of Money Laundering and Terror
Finance Through the Trade of Works of Art or Antiquities.--
(1) Study.--The Secretary of the Treasury, in
coordination with Federal Bureau of Investigation, the
Attorney General, and Homeland Security Investigations,
shall perform a study on the facilitation of money
laundering and terror finance through the trade of
works of art or antiquities, including an analysis of--
(A) the extent to which the facilitation of
money laundering and terror finance through the
trade of works of art or antiquities may enter
or affect the financial system of the United
States, including any qualitative data or
statistics;
(B) whether thresholds and definitions should
apply in determining which entities to
regulate;
(C) an evaluation of which markets, by size,
entity type, domestic or international
geographical locations, or otherwise, should be
subject to regulations, but only to the extent
such markets are not already required to report
on the trade of works of art or antiquities to
the Federal Government;
(D) an evaluation of whether certain
exemptions should apply; and
(E) any other points of study or analysis the
Secretary determines necessary or appropriate.
(2) Report.--Not later than the end of the 180-day
period beginning on the date of the enactment of this
Act, the Secretary of the Treasury shall issue a report
to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate containing all findings
and determinations made in carrying out the study
required under paragraph (1).
(c) Rulemaking.--Not later than the end of the 180-day period
beginning on the date the Secretary issues the report required
under subsection (b)(2), the Secretary shall issue regulations
to carry out the amendments made by subsection (a).
SEC. 7212. GEOGRAPHIC TARGETING ORDER.
The Secretary of the Treasury shall issue a geographic
targeting order, similar to the order issued by the Financial
Crimes Enforcement Network on November 15, 2018, that--
(1) applies to commercial real estate to the same
extent, with the exception of having the same
thresholds, as the order issued by FinCEN on November
15, 2018, applies to residential real estate; and
(2) establishes a specific threshold for commercial
real estate.
SEC. 7213. STUDY AND REVISIONS TO CURRENCY TRANSACTION REPORTS AND
SUSPICIOUS ACTIVITY REPORTS.
(a) Currency Transaction Reports.--
(1) CTR indexed for inflation.--
(A) In general.--Every 5 years after the date
of enactment of this Act, the Secretary of the
Treasury shall revise regulations issued with
respect to section 5313 of title 31, United
States Code, to update each $10,000 threshold
amount in such regulation to reflect the change
in the Consumer Price Index for All Urban
Consumers published by the Department of Labor,
rounded to the nearest $100. For purposes of
calculating the change described in the
previous sentence, the Secretary shall use
$10,000 as the base amount and the date of
enactment of this Act as the base date.
(B) Exception.--Notwithstanding subparagraph
(A), the Secretary may make appropriate
adjustments to the threshold amounts described
under subparagraph (A) in high-risk areas
(e.g., High Intensity Financial Crime Areas or
HIFCAs), if the Secretary has demonstrable
evidence that shows a threshold raise would
increase serious crimes, such as trafficking,
or endanger national security.
(2) GAO ctr study.--
(A) Study.--The Comptroller General of the
United States shall carry out a study of
currency transaction reports. Such study shall
include--
(i) a review (carried out in
consultation with the Secretary of the
Treasury, the Financial Crimes
Enforcement Network, the United States
Attorney General, the State Attorneys
General, and State, Tribal, and local
law enforcement) of the effectiveness
of the current currency transaction
reporting regime;
(ii) an analysis of the importance of
currency transaction reports to law
enforcement; and
(iii) an analysis of the effects of
raising the currency transaction report
threshold.
(B) Report.--Not later than the end of the 1-
year period beginning on the date of enactment
of this Act, the Comptroller General shall
issue a report to the Secretary of the Treasury
and the Congress containing--
(i) all findings and determinations
made in carrying out the study required
under subparagraph (A); and
(ii) recommendations for improving
the current currency transaction
reporting regime.
(b) Modified SARs Study and Design.--
(1) Study.--The Director of the Financial Crimes
Enforcement Network shall carry out a study, in
consultation with industry stakeholders (including
money services businesses, community banks, and credit
unions), the Federal functional regulators, State bank
supervisors, and law enforcement, of the design of a
modified suspicious activity report form for certain
customers and activities. Such study shall include--
(A) an examination of appropriate optimal
SARs thresholds to determine the level at which
a modified SARs form could be employed;
(B) an evaluation of which customers or
transactions would be appropriate for a
modified SAR, including--
(i) seasoned business customers;
(ii) financial technology (Fintech)
firms;
(iii) structuring transactions; and
(iv) any other customer or
transaction that may be appropriate for
a modified SAR; and
(C) an analysis of the most effective methods
to reduce the regulatory burden imposed on
financial institutions in complying with the
Bank Secrecy Act, including an analysis of the
effect of--
(i) modifying thresholds;
(ii) shortening forms;
(iii) combining Bank Secrecy Act
forms;
(iv) filing reports in periodic
batches; and
(v) any other method that may reduce
the regulatory burden.
(2) Study considerations.--In carrying out the study
required under paragraph (1), the Director shall seek
to balance law enforcement priorities, regulatory
burdens experienced by financial institutions, and the
requirement for reports to have a ``high degree of
usefulness to law enforcement'' under the Bank Secrecy
Act.
(3) Report.--Not later than the end of the 1-year
period beginning on the date of enactment of this Act,
the Director shall issue a report to Congress
containing--
(A) all findings and determinations made in
carrying out the study required under
subsection (a); and
(B) sample designs of modified SARs forms
based on the study results.
(4) Contracting authority.--The Director may contract
with a private third-party to carry out the study
required under this subsection. The authority of the
Director to enter into contracts under this paragraph
shall be in effect for each fiscal year only to the
extent and in the amounts as are provided in advance in
appropriations Acts.
(c) Definitions.--For purposes of this section:
(1) Bank secrecy act.--The term ``Bank Secrecy Act''
has the meaning given that term under section 5312 of
title 31, United States Code.
(2) Federal functional regulator.--The term ``Federal
functional regulator'' has the meaning given that term
under section 7103.
(3) Regulatory burden.--The term ``regulatory
burden'' means the man-hours to complete filings, cost
of data collection and analysis, and other
considerations of chapter 35 of title 44, United States
Code (commonly referred to as the Paperwork Reduction
Act).
(4) SAR; suspicious activity report.--The term
``SAR'' and ``suspicious activity report'' mean a
report of a suspicious transaction under section
5318(g) of title 31, United States Code.
(5) Seasoned business customer.--The term ``seasoned
business customer'', shall have such meaning as the
Secretary of the Treasury shall prescribe, which shall
include any person that--
(A) is incorporated or organized under the
laws of the United States or any State, or is
registered as, licensed by, or otherwise
eligible to do business within the United
States, a State, or political subdivision of a
State;
(B) has maintained an account with a
financial institution for a length of time as
determined by the Secretary; and
(C) meet such other requirements as the
Secretary may determine necessary or
appropriate.
(6) State bank supervisor.--The term ``State bank
supervisor'' has the meaning given that term under
section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813).
SEC. 7214. STREAMLINING REQUIREMENTS FOR CURRENCY TRANSACTION REPORTS
AND SUSPICIOUS ACTIVITY REPORTS.
(a) Review.--The Secretary of the Treasury (in consultation
with Federal law enforcement agencies, the Director of National
Intelligence, the Federal functional regulators, State bank
supervisors, and other relevant stakeholders) shall undertake a
formal review of the current financial institution reporting
requirements under the Bank Secrecy Act and its implementing
regulations and propose changes to further reduce regulatory
burdens, and ensure that the information provided is of a
``high degree of usefulness'' to law enforcement, as set forth
under section 5311 of title 31, United States Code.
(b) Contents.--The review required under subsection (a) shall
include a study of--
(1) whether the timeframe for filing a suspicious
activity report should be increased from 30 days;
(2) whether or not currency transaction report and
suspicious activity report thresholds should be tied to
inflation or otherwise periodically be adjusted;
(3) whether the circumstances under which a financial
institution determines whether to file a ``continuing
suspicious activity report'', or the processes followed
by a financial institution in determining whether to
file a ``continuing suspicious activity report'' (or
both) can be narrowed;
(4) analyzing the fields designated as ``critical''
on the suspicious activity report form and whether the
number of fields should be reduced;
(5) the increased use of exemption provisions to
reduce currency transaction reports that are of little
or no value to law enforcement efforts;
(6) the current financial institution reporting
requirements under the Bank Secrecy Act and its
implementing regulations and guidance; and
(7) such other items as the Secretary determines
appropriate.
(c) Report.--Not later than the end of the one year period
beginning on the date of the enactment of this Act, the
Secretary of the Treasury, in consultation with law enforcement
and persons subject to Bank Secrecy Act requirements, shall
issue a report to the Congress containing all findings and
determinations made in carrying out the review required under
subsection (a).
(d) Definitions.--For purposes of this section:
(1) Federal functional regulator.--The term ``Federal
functional regulator'' has the meaning given that term
under section 7103.
(2) State bank supervisor.--The term ``State bank
supervisor'' has the meaning given that term under
section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813).
(3) Other terms.--The terms ``Bank Secrecy Act'' and
``financial institution'' have the meaning given those
terms, respectively, under section 5312 of title 31,
United States Code.
TITLE III--MODERNIZING THE AML SYSTEM
SEC. 7301. ENCOURAGING INNOVATION IN BSA COMPLIANCE.
Section 5318 of title 31, United States Code, as amended by
section 7202, is further amended by adding at the end the
following:
``(p) Encouraging Innovation in Compliance.--
``(1) In general.--The Federal functional regulators
shall encourage financial institutions to consider,
evaluate, and, where appropriate, responsibly implement
innovative approaches to meet the requirements of this
subchapter, including through the use of innovation
pilot programs.
``(2) Exemptive relief.--The Secretary, pursuant to
subsection (a), may provide exemptions from the
requirements of this subchapter if the Secretary
determines such exemptions are necessary to facilitate
the testing and potential use of new technologies and
other innovations.
``(3) Rule of construction.--This subsection may not
be construed to require financial institutions to
consider, evaluate, or implement innovative approaches
to meet the requirements of the Bank Secrecy Act.
``(4) Federal functional regulator defined.--In this
subsection, the term `Federal functional regulator'
means the Board of Governors of the Federal Reserve
System, the Comptroller of the Currency, the Federal
Deposit Insurance Corporation, the National Credit
Union Administration, the Securities and Exchange
Commission, and the Commodity Futures Trading
Commission.''.
SEC. 7302. INNOVATION LABS.
(a) In General.--Subchapter II of chapter 53 of title 31,
United States Code, is amended by adding at the end the
following:
``Sec. 5333. Innovation Labs
``(a) Establishment.--There is established within the
Department of the Treasury and each Federal functional
regulator an Innovation Lab.
``(b) Director.--The head of each Innovation Lab shall be a
Director, to be appointed by the Secretary of the Treasury or
the head of the Federal functional regulator, as applicable.
``(c) Duties.--The duties of the Innovation Lab shall be--
``(1) to provide outreach to law enforcement
agencies, State bank supervisors, financial
institutions, and other persons (including vendors and
technology companies) with respect to innovation and
new technologies that may be used to comply with the
requirements of the Bank Secrecy Act;
``(2) to support the implementation of responsible
innovation and new technology, in a manner that
complies with the requirements of the Bank Secrecy Act;
``(3) to explore opportunities for public-private
partnerships; and
``(4) to develop metrics of success.
``(d) FinCEN Lab.--The Innovation Lab established under
subsection (a) within the Department of the Treasury shall be a
lab within the Financial Crimes Enforcement Network.
``(e) Definitions.--In this section:
``(1) Federal functional regulator.--The term
`Federal functional regulator' means the Board of
Governors of the Federal Reserve System, the
Comptroller of the Currency, the Federal Deposit
Insurance Corporation, the National Credit Union
Administration, the Securities and Exchange Commission,
and the Commodity Futures Trading Commission.
``(2) State bank supervisor.--The term `State bank
supervisor' has the meaning given that term under
section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813).''.
(b) Clerical Amendment.--The table of contents for subchapter
II of chapter 53 of title 31, United States Code, is amended by
adding at the end the following:
``5333. Innovation Labs.''.
SEC. 7303. INNOVATION COUNCIL.
(a) In General.--Subchapter II of chapter 53 of Title 31,
United States Code, as amended by section 7302, is further
amended by adding at the end the following:
``Sec. 5334. Innovation Council
``(a) Establishment.--There is established the Innovation
Council (hereinafter in this section referred to as the
`Council'), which shall consist of each Director of an
Innovation Lab established under section 5334, a representative
of State bank supervisors (as defined under section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813)), and the
Director of the Financial Crimes Enforcement Network.
``(b) Chair.--The Director of the Innovation Lab of the
Department of the Treasury shall serve as the Chair of the
Council.
``(c) Duty.--The members of the Council shall coordinate on
activities related to innovation under the Bank Secrecy Act,
but may not supplant individual agency determinations on
innovation.
``(d) Meetings.--The meetings of the Council--
``(1) shall be at the call of the Chair, but in no
case may the Council meet less than semi-annually;
``(2) may include open and closed sessions, as
determined necessary by the Council; and
``(3) shall include participation by public and
private entities and law enforcement agencies.
``(e) Report.--The Council shall issue an annual report, for
each of the 7 years beginning on the date of enactment of this
section, to the Secretary of the Treasury on the activities of
the Council during the previous year, including the success of
programs as measured by metrics of success developed pursuant
to section 5334(c)(4), and any regulatory or legislative
recommendations that the Council may have.''.
(b) Clerical Amendment.--The table of contents for subchapter
II of chapter 53 of title 31, United States Code, is amended by
adding the end the following:
``5334. Innovation Council.''.
SEC. 7304. TESTING METHODS RULEMAKING.
(a) In General.--Section 5318 of title 31, United States
Code, as amended by section 7301, is further amended by adding
at the end the following:
``(q) Testing.--
``(1) In general.--The Secretary of the Treasury, in
consultation with the head of each agency to which the
Secretary has delegated duties or powers under
subsection (a), shall issue a rule to specify--
``(A) with respect to technology and related
technology-internal processes (`new
technology') designed to facilitate compliance
with the Bank Secrecy Act requirements, the
standards by which financial institutions are
to test new technology; and
``(B) in what instances or under what
circumstance and criteria a financial
institution may replace or terminate legacy
technology and processes for any examinable
technology or process without the replacement
or termination being determined an examination
deficiency.
``(2) Standards.--The standards described under
paragraph (1) may include--
``(A) an emphasis on using innovative
approaches, such as machine learning, rather
than rules-based systems;
``(B) risk-based back-testing of the regime
to facilitate calibration of relevant systems;
``(C) requirements for appropriate data
privacy and security; and
``(D) a requirement that the algorithms used
by the regime be disclosed to the Financial
Crimes Enforcement Network, upon request.
``(3) Confidentiality of algorithms.--If a financial
institution or any director, officer, employee, or
agent of any financial institution, voluntarily or
pursuant to this subsection or any other authority,
discloses the institution's algorithms to a Government
agency, such algorithms and any materials associated
with the creation of such algorithms shall be
considered confidential and not subject to public
disclosure.''.
(b) Update of Manual.--The Financial Institutions Examination
Council shall ensure--
(1) that any manual prepared by the Council is
updated to reflect the rulemaking required by the
amendment made by subsection (a); and
(2) that financial institutions are not penalized for
the decisions based on such rulemaking to replace or
terminate technology used for compliance with the Bank
Secrecy Act (as defined under section 5312 of title 31,
United States Code) or other anti-money laundering
laws.
SEC. 7305. FINCEN STUDY ON USE OF EMERGING TECHNOLOGIES.
(a) Study.--
(1) In general.--The Director of the Financial Crimes
Enforcement Network (``FinCEN'') shall carry out a
study on--
(A) the status of implementation and internal
use of emerging technologies, including
artificial intelligence (``AI''), digital
identity technologies, blockchain technologies,
and other innovative technologies within
FinCEN;
(B) whether AI, digital identity
technologies, blockchain technologies, and
other innovative technologies can be further
leveraged to make FinCEN's data analysis more
efficient and effective; and
(C) how FinCEN could better utilize AI,
digital identity technologies, blockchain
technologies, and other innovative technologies
to more actively analyze and disseminate the
information it collects and stores to provide
investigative leads to Federal, State, Tribal,
and local law enforcement, and other Federal
agencies (collective, ``Agencies''), and better
support its ongoing investigations when
referring a case to the Agencies.
(2) Inclusion of gto data.--The study required under
this subsection shall include data collected through
the Geographic Targeting Orders (``GTO'') program.
(3) Consultation.--In conducting the study required
under this subsection, FinCEN shall consult with the
Directors of the Innovations Labs established in
section 302.
(b) Report.--Not later than the end of the 6-month period
beginning on the date of the enactment of this Act, the
Director shall issue a report to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives containing--
(1) all findings and determinations made in carrying
out the study required under subsection (a);
(2) with respect to each of subparagraphs (A), (B)
and (C) of subsection (a)(1), any best practices or
significant concerns identified by the Director, and
their applicability to AI, digital identity
technologies, blockchain technologies, and other
innovative technologies with respect to United States
efforts to combat money laundering and other forms of
illicit finance; and
(3) any policy recommendations that could facilitate
and improve communication and coordination between the
private sector, FinCEN, and Agencies through the
implementation of innovative approaches, in order to
meet their Bank Secrecy Act (as defined under section
5312 of title 31, United States Code) and anti-money
laundering compliance obligations.
SEC. 7306. DISCRETIONARY SURPLUS FUNDS.
The dollar amount specified under section 7(a)(3)(A) of the
Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by
$37,000,000.
----------
2. An Amendment To Be Offered by Representative Bergman of Michigan or
His Designee, Debatable for 10 Minutes
Page 1115, after line 5, insert the following:
SEC. 17__. FOREIGN STATE COMPUTER INTRUSIONS.
(a) In General.--Chapter 97 of title 28, United States Code,
is amended by inserting after section 1605B the following:
``Sec. 1605C. Computer intrusions by a foreign state
``A foreign state shall not be immune from the jurisdiction
of the courts of the United States or of the States in any case
not otherwise covered by this chapter in which money damages
are sought against a foreign state by a national of the United
States for personal injury, harm to reputation, or damage to or
loss of property resulting from any of the following
activities, whether occurring in the United States or a foreign
state:
``(1) Unauthorized access to or access exceeding
authorization to a computer located in the United
States.
``(2) Unauthorized access to confidential, electronic
stored information located in the United States.
``(3) The transmission of a program, information,
code, or command to a computer located in the United
States, which, as a result of such conduct, causes
damage without authorization.
``(4) The use, dissemination, or disclosure, without
consent, of any information obtained by means of any
activity described in paragraph (1), (2), or (3).
``(5) The provision of material support or resources
for any activity described in paragraph (1), (2), (3),
or (4), including by an official, employee, or agent of
such foreign state.''.
(b) Clerical Amendment.--The table of sections for chapter 97
of title 28, United States Code, is amended by inserting after
the item relating to section 1605B the following:
``1605C. Computer intrusions by a foreign state.''.
(c) Application.--This section and the amendments made by
this section shall apply to any action pending on or filed on
or after the date of the enactment of this Act.
----------
3. An Amendment To Be Offered by Representative Escobar of Texas or Her
Designee, Debatable for 10 Minutes
At the end of subtitle E of title X, insert the following:
SEC. 10__. CURTAILING INSURRECTION ACT VIOLATIONS OF INDIVIDUALS'
LIBERTIES.
(a) Federal Aid for State Governments.--Section 251 of title
10, United States Code, is amended--
(1) by striking ``Whenever'' and inserting ``(a) In
General.--Whenever''; and
(2) by adding at the end the following new
subsection:
``(b) Certification to Congress.--(1) The President may not
invoke the authority under this section unless the President
and the Secretary of Defense certify to Congress that the State
concerned is unable or unwilling to suppress an insurrection
described in subsection (a).
``(2) A certification under paragraph (1) shall include the
following:
``(A) A description of the circumstances
necessitating the invocation of the authority under
this section.
``(B) Demonstrable evidence that the State concerned
is unable or unwilling to suppress such insurrection,
and a legal justification for resorting to the
authority under this section to so suppress.
``(C) A description of the mission, scope, and
duration of use of members of the armed forces under
this section.''.
(b) Use of Militia and Armed Forces to Enforce Federal
Authority.--Section 252 of title 10, United States Code, is
amended to read as follows:
``Sec. 252. Use of militia and armed forces to enforce Federal
authority
``(a) Authority.--Whenever unlawful obstructions,
combinations, or assemblages, or rebellion against the
authority of the United States, make it impracticable to
enforce the laws of the United States in any State by the
ordinary course of judicial proceedings, the President may call
into Federal service such of the militia of any State, and use
such of the armed forces, as the President considers necessary
to enforce those laws or to suppress the rebellion.
``(b) Certification to Congress.--(1) The President may not
invoke the authority under this section unless the President
and the Secretary of Defense certify to Congress that the State
concerned is unable or unwilling to suppress an unlawful
obstruction, combination, or assemblage, or rebellion against
the authority of the United States described in subsection (a).
``(2) A certification under paragraph (1) shall include the
following:
``(A) A description of the circumstances
necessitating the invocation of the authority under
this section.
``(B) Demonstrable evidence that the State concerned
is unable or unwilling to suppress such unlawful
obstruction, combination, or assemblage, or rebellion
against the authority of the United States, and a legal
justification for resorting to the authority under this
section to so suppress.
``(C) A description of the mission, scope, and
duration of use of members of the armed forces under
this section.''.
(c) Interference With State and Federal Law.--Section 253 of
title 10, United States Code, is amended--
(1) by striking ``The President'' and inserting ``(a)
Authority.--(1) The President'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by striking ``In any situation covered by clause
(1),'' and inserting ``(2) In any situation covered by
paragraph (1)(A),''; and
(4) by adding at the end the following new
subsection:
``(b) Certification to Congress.--(1) The President may not
invoke the authority under this section unless the President
and the Secretary of Defense certify to Congress that the State
concerned is unable or unwilling to suppress an insurrection,
domestic violence, unlawful combination, or conspiracy, as
described in subsection (a).
``(2) A certification under paragraph (1) shall include the
following:
``(A) A description of the circumstances
necessitating the invocation of the authority under
this section.
``(B) Demonstrable evidence that the State concerned
is unable or unwilling to suppress such insurrection,
domestic violence, unlawful combination, or conspiracy,
and a legal justification for resorting to the
authority under this section to so suppress.
``(C) A description of the mission, scope, and
duration of use of members of the armed forces under
this section.''.
(d) Consultation With Congress.--
(1) In general.--Chapter 13 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 256. Consultation
``The President, in every possible instance, shall consult
with Congress before invoking the authority under section 251,
252, or 253 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 13 of title 10, United States
Code, is amended by adding at the end the following new
item:
``256. Consultation.''.
(e) Restriction on Direct Participation by Military
Personnel.--
(1) In general.--Such chapter is further amended by
adding at the end the following new section:
``Sec. 257. Restriction on direct participation by military personnel
``(a) In General.--No activity under this chapter shall
permit direct participation by a member of the Army, Navy, Air
Force, Marine Corps, or Space Force in a search, seizure,
arrest, or other similar activity unless participation in such
activity by such member is otherwise expressly authorized by
law.
``(b) Regulations.--The Secretary of Defense shall prescribe
such regulations as may be necessary to ensure compliance with
subsection (a).
``(c) Rule of Construction.--Nothing in this section shall be
construed to limit authority of law enforcement personnel of
the armed forces on Federal military installations''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is further amended by adding
at the end the following new item:
``257. Restriction on direct participation by military personnel.''.
----------
4. An Amendment To Be Offered by Representative McAdams of Utah or His
Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title XXXI the following new
section:
SEC. 3121. PROHIBITION ON USE OF FUNDS FOR NUCLEAR WEAPONS TEST
EXPLOSIONS.
(a) In General.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2021, or authorized to be appropriated or otherwise made
available for any fiscal year before fiscal year 2021 and
available for obligation as of the date of the enactment of
this Act, may be obligated or expended to conduct or make
preparations for any explosive nuclear weapons test that
produces any yield.
(b) Rule of Construction.--Nothing in subsection (a) shall be
construed to apply to nuclear stockpile stewardship activities
that are consistent with the zero-yield standard and other
requirements under law.
----------
5. An Amendment To Be Offered by Representative Omar of Minnesota or
Her Designee, Debatable for 10 Minutes
Page 766, beginning line 15, strike section 1213 and insert
the following:
SEC. 1213. COMPLETION OF ACCELERATED TRANSITION OF UNITED STATES COMBAT
AND MILITARY AND SECURITY OPERATIONS TO THE
GOVERNMENT OF AFGHANISTAN.
(a) In General.--It is the policy of the United States that,
in coordination with the Government of Afghanistan, North
Atlantic Treaty Organization (NATO) member countries, and other
allies in Afghanistan, the President shall--
(1) complete the accelerated transition of United
States combat operations to the Government of
Afghanistan by April 29, 2021;
(2) complete the accelerated transition of all
military forces of the United States, its allies, and
coalition partners, including all non-diplomatic
civilian personnel, security contractors, trainers,
advisors, and supporting services personnel by April
29, 2021; and
(3) implement the US--Taliban agreement of February
29, 2020, in pursuit of a political settlement and
reconciliation of the internal conflict in Afghanistan
that includes the Government of Afghanistan, all
interested parties within Afghanistan, and the
observance and support of representatives of donor
countries active in Afghanistan, regional governments,
and partners, in order to secure a secure and
independent Afghanistan and regional security and
stability.
(b) Sense of Congress.--It is the sense of Congress that--
(1) if the President determines that it is necessary
to maintain United States Armed Forces in Afghanistan
to carry out missions after April 29, 2021, such
continued presence and missions should be authorized by
a separate vote of Congress not later than October 7,
2021; and
(2) the withdrawal of the United States Armed Forces
from Afghanistan must be accompanied by a long-term
peace process that is inclusive of all parties to the
conflict and sectors of civil society.
(c) Rule of Construction.--Nothing in this section may be
construed to prohibit or otherwise limit any authority of the
President to--
(1) modify the military strategy, tactics, and
operations of United States Armed Forces as such Armed
Forces redeploy from Afghanistan;
(2) attack al Qaeda forces wherever such forces are
located;
(3) provide financial support and equipment to the
Government of Afghanistan for the training and supply
of Afghanistan military and security forces; or
(4) gather, provide, and share intelligence with
United States allies operating in Afghanistan and
Pakistan.
----------
6. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee, Debatable for 10 Minutes
Strike section 1742 and insert the following new section:
SEC. 1742. REPEAL OF PROVISIONS RELATING TO UNFUNDED PRIORITIES.
(a) The Armed Forces and the Missile Defense Agency.--Chapter
9 of title 10, United States Code, is amended as follows:
(1) Section 222a is repealed.
(2) Section 222b is repealed.
(3) In the table of sections at the beginning of the
chapter, strike the items relating to sections 222a and
222b.
(b) Laboratory Military Construction Projects.--Section 2806
of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 10 U.S.C. 222a note) is repealed.
----------
7. An Amendment To Be Offered by Representative DeGette of Colorado or
Her Designee, Debatable for 10 Minutes
Page 1455, after line 25, insert the following new division:
DIVISION E--PUBLIC LANDS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Protecting America's Wilderness Act''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 1. Short title; table of contents.
TITLE I--COLORADO WILDERNESS
Sec. 101. Short title; definition.
Sec. 102. Additions to National Wilderness Preservation System in the
State of Colorado.
Sec. 103. Administrative provisions.
Sec. 104. Water.
Sec. 105. Sense of Congress.
Sec. 106. Department of defense study on impacts that the expansion of
wilderness designations in the western united states would
have on the readiness of the armed forces of the united states
with respect to aviation training.
TITLE II--NORTHWEST CALIFORNIA WILDERNESS, RECREATION, AND WORKING
FORESTS
Sec. 201. Short title.
Sec. 202. Definitions.
Subtitle A--Restoration and Economic Development
Sec. 211. South Fork Trinity-Mad River Restoration Area.
Sec. 212. Redwood National and State Parks restoration.
Sec. 213. California Public Lands Remediation Partnership.
Sec. 214. Trinity Lake visitor center.
Sec. 215. Del Norte County visitor center.
Sec. 216. Management plans.
Sec. 217. Study; partnerships related to overnight accommodations.
Subtitle B--Recreation
Sec. 221. Horse Mountain Special Management Area.
Sec. 222. Bigfoot National Recreation Trail.
Sec. 223. Elk Camp Ridge Recreation Trail.
Sec. 224. Trinity Lake Trail.
Sec. 225. Trails study.
Sec. 226. Construction of mountain bicycling routes.
Sec. 227. Partnerships.
Subtitle C--Conservation
Sec. 231. Designation of wilderness.
Sec. 232. Administration of wilderness.
Sec. 233. Designation of potential wilderness.
Sec. 234. Designation of wild and scenic rivers.
Sec. 235. Sanhedrin Special Conservation Management Area.
Subtitle D--Miscellaneous
Sec. 241. Maps and legal descriptions.
Sec. 242. Updates to land and resource management plans.
Sec. 243. Pacific Gas and Electric Company Utility facilities and
rights-of-way.
TITLE III--CENTRAL COAST HERITAGE PROTECTION
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Designation of wilderness.
Sec. 304. Designation of the Machesna Mountain Potential Wilderness.
Sec. 305. Administration of wilderness.
Sec. 306. Designation of Wild and Scenic Rivers.
Sec. 307. Designation of the Fox Mountain Potential Wilderness.
Sec. 308. Designation of scenic areas.
Sec. 309. Condor National Scenic Trail.
Sec. 310. Forest service study.
Sec. 311. Nonmotorized recreation opportunities.
Sec. 312. Use by members of Tribes.
TITLE IV--SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS PROTECTION
Sec. 401. Short title.
Sec. 402. Definition of State.
Subtitle A--San Gabriel National Recreation Area
Sec. 411. Purposes.
Sec. 412. Definitions.
Sec. 413. San Gabriel National Recreation Area.
Sec. 414. Management.
Sec. 415. Acquisition of non-Federal land within Recreation Area.
Sec. 416. Water rights; water resource facilities; public roads; utility
facilities.
Sec. 417. San Gabriel National Recreation Area Public Advisory Council.
Sec. 418. San Gabriel National Recreation Area Partnership.
Sec. 419. Visitor services and facilities.
Subtitle B--San Gabriel Mountains
Sec. 421. Definitions.
Sec. 422. National monument boundary modification.
Sec. 423. Designation of Wilderness Areas and Additions.
Sec. 424. Administration of Wilderness Areas and Additions.
Sec. 425. Designation of Wild and Scenic Rivers.
Sec. 426. Water rights.
TITLE V--RIM OF THE VALLEY CORRIDOR PRESERVATION
Sec. 501. Short title.
Sec. 502. Boundary adjustment; land acquisition; administration.
TITLE VI--WILD OLYMPICS WILDERNESS AND WILD AND SCENIC RIVERS
Sec. 601. Short title.
Sec. 602. Designation of olympic national forest wilderness areas.
Sec. 603. Wild and scenic river designations.
Sec. 604. Existing rights and withdrawal.
Sec. 605. Treaty rights.
TITLE VII--STUDY ON FLOOD RISK MITIGATION
Sec. 701. Study on Flood Risk Mitigation.
TITLE VIII--MISCELLANEOUS
Sec. 801. Promoting health and wellness for veterans and servicemembers.
Sec. 802. Fire, insects, and diseases.
Sec. 803. Military activities.
TITLE I--COLORADO WILDERNESS
SEC. 101. SHORT TITLE; DEFINITION.
(a) Short Title.--This title may be cited as the ``Colorado
Wilderness Act of 2020''.
(b) Secretary Defined.--As used in this title, the term
``Secretary'' means the Secretary of the Interior or the
Secretary of Agriculture, as appropriate.
SEC. 102. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM IN THE
STATE OF COLORADO.
(a) Additions.--Section 2(a) of the Colorado Wilderness Act
of 1993 (Public Law 103-77; 107 Stat. 756; 16 U.S.C. 1132 note)
is amended by adding at the end the following paragraphs:
``(23) Certain lands managed by the Colorado River
Valley Field Office of the Bureau of Land Management,
which comprise approximately 316 acres, as generally
depicted on a map titled `Maroon Bells Addition
Proposed Wilderness', dated July 20, 2018, which is
hereby incorporated in and shall be deemed to be a part
of the Maroon Bells-Snowmass Wilderness Area designated
by Public Law 88-577.
``(24) Certain lands managed by the Gunnison Field
Office of the Bureau of Land Management, which comprise
approximately 38,217 acres, as generally depicted on a
map titled `Redcloud & Handies Peak Proposed
Wilderness', dated October 9, 2019, which shall be
known as the Redcloud Peak Wilderness.
``(25) Certain lands managed by the Gunnison Field
Office of the Bureau of Land Management or located in
the Grand Mesa, Uncompahgre, and Gunnison National
Forests, which comprise approximately 26,734 acres, as
generally depicted on a map titled `Redcloud & Handies
Peak Proposed Wilderness', dated October 9, 2019, which
shall be known as the Handies Peak Wilderness.
``(26) Certain lands managed by the Royal Gorge Field
Office of the Bureau of Land Management, which comprise
approximately 16,481 acres, as generally depicted on a
map titled `Table Mountain & McIntyre Hills Proposed
Wilderness', dated November 7, 2019, which shall be
known as the McIntyre Hills Wilderness.
``(27) Certain lands managed by the Colorado River
Valley Field Office of the Bureau of Land Management,
which comprise approximately 10,282 acres, as generally
depicted on a map titled `Grand Hogback Proposed
Wilderness', dated October 16, 2019, which shall be
known as the Grand Hogback Wilderness.
``(28) Certain lands managed by the Grand Junction
Field Office of the Bureau of Land Management, which
comprise approximately 25,624 acres, as generally
depicted on a map titled `Demaree Canyon Proposed
Wilderness', dated October 9, 2019, which shall be
known as the Demaree Canyon Wilderness.
``(29) Certain lands managed by the Grand Junction
Field Office of the Bureau of Land Management, which
comprise approximately 28,279 acres, as generally
depicted on a map titled `Little Books Cliff Proposed
Wilderness', dated October 9, 2019, which shall be
known as the Little Bookcliffs Wilderness.
``(30) Certain lands managed by the Colorado River
Valley Field Office of the Bureau of Land Management,
which comprise approximately 14,886 acres, as generally
depicted on a map titled `Bull Gulch & Castle Peak
Proposed Wilderness', dated January 29, 2020, which
shall be known as the Bull Gulch Wilderness.
``(31) Certain lands managed by the Colorado River
Valley Field Office of the Bureau of Land Management,
which comprise approximately 12,016 acres, as generally
depicted on a map titled `Bull Gulch & Castle Peak
Proposed Wilderness Areas', dated January 29, 2020,
which shall be known as the Castle Peak Wilderness.''.
(b) Further Additions.--The following lands in the State of
Colorado administered by the Bureau of Land Management or the
United States Forest Service are hereby designated as
wilderness and, therefore, as components of the National
Wilderness Preservation System:
(1) Certain lands managed by the Colorado River
Valley Field Office of the Bureau of Land Management or
located in the White River National Forest, which
comprise approximately 19,240 acres, as generally
depicted on a map titled ``Assignation Ridge Proposed
Wilderness'', dated November 12, 2019, which shall be
known as the Assignation Ridge Wilderness.
(2) Certain lands managed by the Royal Gorge Field
Office of the Bureau of Land Management or located in
the Pike and San Isabel National Forests, which
comprise approximately 23,116 acres, as generally
depicted on a map titled ``Badger Creek Proposed
Wilderness'', dated November 7, 2019, which shall be
known as the Badger Creek Wilderness.
(3) Certain lands managed by the Royal Gorge Field
Office of the Bureau of Land Management or located in
the Pike and San Isabel National Forests, which
comprise approximately 35,251 acres, as generally
depicted on a map titled ``Beaver Creek Proposed
Wilderness'', dated November 7, 2019, which shall be
known as the Beaver Creek Wilderness.
(4) Certain lands managed by the Royal Gorge Field
Office of the Bureau of Land Management or the Bureau
of Reclamation or located in the Pike and San Isabel
National Forests, which comprise approximately 32,884
acres, as generally depicted on a map titled ``Grape
Creek Proposed Wilderness'', dated November 7, 2019,
which shall be known as the Grape Creek Wilderness.
(5) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 13,351 acres, as generally depicted on a
map titled ``North & South Bangs Canyon Proposed
Wilderness'', dated October 9, 2019, which shall be
known as the North Bangs Canyon Wilderness.
(6) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 5,144 acres, as generally depicted on a
map titled ``North & South Bangs Canyon Proposed
Wilderness'', dated October 9, 2019, which shall be
known as the South Bangs Canyon Wilderness.
(7) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 26,624 acres, as generally depicted on a
map titled ``Unaweep & Palisade Proposed Wilderness'',
dated October 9, 2019, which shall be known as The
Palisade Wilderness.
(8) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management or located in
the Grand Mesa, Uncompaghre, and Gunnison National
Forests, which comprise approximately 19,776 acres, as
generally depicted on a map titled ``Unaweep & Palisade
Proposed Wilderness'', dated October 9, 2019, which
shall be known as the Unaweep Wilderness.
(9) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management and Uncompaghre
Field Office of the Bureau of Land Management and in
the Manti-LaSal National Forest, which comprise
approximately 37,637 acres, as generally depicted on a
map titled ``Sewemup Mesa Proposed Wilderness'', dated
November 7, 2019, which shall be known as the Sewemup
Mesa Wilderness.
(10) Certain lands managed by the Kremmling Field
Office of the Bureau of Land Management, which comprise
approximately 31 acres, as generally depicted on a map
titled ``Platte River Addition Proposed Wilderness'',
dated July 20, 2018, and which are hereby incorporated
in and shall be deemed to be part of the Platte River
Wilderness designated by Public Law 98-550.
(11) Certain lands managed by the Uncompahgre Field
Office of the Bureau of Land Management, which comprise
approximately 17,587 acres, as generally depicted on a
map titled ``Roubideau Proposed Wilderness'', dated
October 9, 2019, which shall be known as the Roubideau
Wilderness.
(12) Certain lands managed by the Uncompahgre Field
Office of the Bureau of Land Management or located in
the Grand Mesa, Uncompaghre, and Gunnison National
Forests, which comprise approximately 12,102 acres, as
generally depicted on a map titled ``Norwood Canyon
Proposed Wilderness'', dated November 7, 2019, which
shall be known as the Norwood Canyon Wilderness.
(13) Certain lands managed by the Tres Rios Field
Office of the Bureau of Land Management, which comprise
approximately 24,475 acres, as generally depicted on a
map titled ``Papoose & Cross Canyon Proposed
Wilderness'', and dated January 29, 2020, which shall
be known as the Cross Canyon Wilderness.
(14) Certain lands managed by the Tres Rios Field
Office of the Bureau of Land Management, which comprise
approximately 21,220 acres, as generally depicted on a
map titled ``McKenna Peak Proposed Wilderness'', dated
October 16, 2019, which shall be known as the McKenna
Peak Wilderness.
(15) Certain lands managed by the Tres Rios Field
Office of the Bureau of Land Management, which comprise
approximately 14,270 acres, as generally depicted on a
map titled ``Weber-Menefee Mountain Proposed
Wilderness'', dated October 9, 2019, which shall be
known as the Weber-Menefee Mountain Wilderness.
(16) Certain lands managed by the Uncompahgre and
Tres Rios Field Offices of the Bureau of Land
Management or the Bureau of Reclamation, which comprise
approximately 33,351 acres, as generally depicted on a
map titled ``Dolores River Canyon Proposed
Wilderness'', dated November 7, 2019, which shall be
known as the Dolores River Canyon Wilderness.
(17) Certain lands managed by the Royal Gorge Field
Office of the Bureau of Land Management or located in
the Pike and San Isabel National Forests, which
comprise approximately 17,922 acres, as generally
depicted on a map titled ``Browns Canyon Proposed
Wilderness'', dated October 9, 2019, which shall be
known as the Browns Canyon Wilderness.
(18) Certain lands managed by the San Luis Field
Office of the Bureau of Land Management, which comprise
approximately 10,527 acres, as generally depicted on a
map titled ``San Luis Hills Proposed Wilderness'',
dated October 9, 2019 which shall be known as the San
Luis Hills Wilderness.
(19) Certain lands managed by the Royal Gorge Field
Office of the Bureau of Land Management, which comprise
approximately 23,559 acres, as generally depicted on a
map titled ``Table Mountain & McIntyre Hills Proposed
Wilderness'', dated November 7, 2019, which shall be
known as the Table Mountain Wilderness.
(20) Certain lands managed by the Tres Rios Field
Office of the Bureau of Land Management or located in
the San Juan National Forest, which comprise
approximately 10,844 acres, as generally depicted on a
map titled ``North & South Ponderosa Gorge Proposed
Wilderness'', and dated January 31, 2020, which shall
be known as the North Ponderosa Gorge Wilderness.
(21) Certain lands managed by the Tres Rios Field
Office of the Bureau of Land Management or located in
the San Juan National Forest, which comprise
approximately 12,393 acres, as generally depicted on a
map titled ``North & South Ponderosa Gorge Proposed
Wilderness'', and dated January 31, 2020 which shall be
known as the South Ponderosa Gorge Wilderness.
(22) Certain lands managed by the Little Snake Field
Office of the Bureau of Land Management which comprise
approximately 33,168 acres, as generally depicted on a
map titled ``Diamond Breaks Proposed Wilderness'', and
dated January 31, 2020 which shall be known as the
Diamond Breaks Wilderness.
(23) Certain lands managed by the Tres Rios Field
Office of the Bureau of Land Management which comprises
approximately 4,782 acres, as generally depicted on the
map titled ``Papoose & Cross Canyon Proposed
Wilderness'''', and dated January 29, 2020 which shall
be known as the Papoose Canyon Wilderness.
(c) West Elk Addition.--Certain lands in the State of
Colorado administered by the Gunnison Field Office of the
Bureau of Land Management, the United States National Park
Service, and the Bureau of Reclamation, which comprise
approximately 6,695 acres, as generally depicted on a map
titled ``West Elk Addition Proposed Wilderness'', dated October
9, 2019, are hereby designated as wilderness and, therefore, as
components of the National Wilderness Preservation System and
are hereby incorporated in and shall be deemed to be a part of
the West Elk Wilderness designated by Public Law 88-577. The
boundary adjacent to Blue Mesa Reservoir shall be 50 feet
landward from the water's edge, and shall change according to
the water level.
(d) Blue Mesa Reservoir.--If the Bureau of Reclamation
determines that lands within the West Elk Wilderness Addition
are necessary for future expansion of the Blue Mesa Reservoir,
the Secretary shall by publication of a revised boundary
description in the Federal Register revise the boundary of the
West Elk Wilderness Addition.
(e) Maps and Descriptions.--As soon as practicable after the
date of enactment of the Act, the Secretary shall file a map
and a boundary description of each area designated as
wilderness by this section with the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate. Each map and
boundary description shall have the same force and effect as if
included in this title, except that the Secretary may correct
clerical and typographical errors in the map or boundary
description. The maps and boundary descriptions shall be on
file and available for public inspection in the Office of the
Director of the Bureau of Land Management, Department of the
Interior, and in the Office of the Chief of the Forest Service,
Department of Agriculture, as appropriate.
(f) State and Private Lands.--Lands within the exterior
boundaries of any wilderness area designated under this section
that are owned by a private entity or by the State of Colorado,
including lands administered by the Colorado State Land Board,
shall be included within such wilderness area if such lands are
acquired by the United States. Such lands may be acquired by
the United States only as provided in the Wilderness Act (16
U.S.C. 1131 et seq.).
SEC. 103. ADMINISTRATIVE PROVISIONS.
(a) In General.--Subject to valid existing rights, lands
designated as wilderness by this title shall be managed by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.) and this title, except that, with respect to any
wilderness areas designated by this title, any reference in the
Wilderness Act to the effective date of the Wilderness Act
shall be deemed to be a reference to the date of enactment of
this Act.
(b) Grazing.--Grazing of livestock in wilderness areas
designated by this title shall be administered in accordance
with the provisions of section 4(d)(4) of the Wilderness Act
(16 U.S.C. 1133(d)(4)), as further interpreted by section 108
of Public Law 96-560, and the guidelines set forth in appendix
A of House Report 101-405 of the 101st Congress.
(c) State Jurisdiction.--As provided in section 4(d)(7) of
the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
title shall be construed as affecting the jurisdiction or
responsibilities of the State of Colorado with respect to
wildlife and fish in Colorado.
(d) Buffer Zones.--
(1) In general.--Nothing in this title creates a
protective perimeter or buffer zone around any area
designated as wilderness by this title.
(2) Activities outside wilderness.--The fact that an
activity or use on land outside the areas designated as
wilderness by this title can be seen or heard within
the wilderness shall not preclude the activity or use
outside the boundary of the wilderness.
(e) Military Helicopter Overflights and Operations.--
(1) In general.--Nothing in this title restricts or
precludes--
(A) low-level overflights of military
helicopters over the areas designated as
wilderness by this title, including military
overflights that can be seen or heard within
any wilderness area;
(B) military flight testing and evaluation;
(C) the designation or creation of new units
of special use airspace, or the establishment
of military flight training routes over any
wilderness area; or
(D) helicopter operations at designated
landing zones within the potential wilderness
areas established by subsection (i)(1).
(2) Aerial navigation training exercises.--The
Colorado Army National Guard, through the High-Altitude
Army National Guard Aviation Training Site, may conduct
aerial navigation training maneuver exercises over, and
associated operations within, the potential wilderness
areas designated by this title--
(A) in a manner and degree consistent with
the memorandum of understanding dated August 4,
1987, entered into among the Colorado Army
National Guard, the Bureau of Land Management,
and the Forest Service; or
(B) in a manner consistent with any
subsequent memorandum of understanding entered
into among the Colorado Army National Guard,
the Bureau of Land Management, and the Forest
Service.
(f) Running Events.--The Secretary may continue to authorize
competitive running events currently permitted in the Redcloud
Peak Wilderness Area and Handies Peak Wilderness Area in a
manner compatible with the preservation of such areas as
wilderness.
(g) Land Trades.--If the Secretary trades privately owned
land within the perimeter of the Redcloud Peak Wilderness Area
or the Handies Peak Wilderness Area in exchange for Federal
land, then such Federal land shall be located in Hinsdale
County, Colorado.
(h) Recreational Climbing.--Nothing in this title prohibits
recreational rock climbing activities in the wilderness areas,
such as the placement, use, and maintenance of fixed anchors,
including any fixed anchor established before the date of the
enactment of this Act--
(1) in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.); and
(2) subject to any terms and conditions determined to
be necessary by the Secretary.
(i) Potential Wilderness Designations.--
(1) In general.--The following lands are designated
as potential wilderness areas:
(A) Certain lands managed by the Colorado
River Valley Field Office of the Bureau of Land
Management, which comprise approximately 7,376
acres, as generally depicted on a map titled
``Pisgah East & West Proposed Wilderness'' and
dated October 16, 2019, which, upon designation
as wilderness under paragraph (2), shall be
known as the Pisgah East Wilderness.
(B) Certain lands managed by the Colorado
River Valley Field Office of the Bureau of Land
Management, which comprise approximately 6,828
acres, as generally depicted on a map titled
``Pisgah East & West Proposed Wilderness'' and
dated October 16, 2019, which, upon designation
as wilderness under paragraph (2), shall be
known as the Pisgah West Wilderness.
(C) Certain lands managed by the Colorado
River Valley Field Office of the Bureau of Land
Management or located in the White River
National Forest, which comprise approximately
16,101 acres, as generally depicted on a map
titled ``Flat Tops Proposed Wilderness
Addition'', dated October 9, 2019, and which,
upon designation as wilderness under paragraph
(2), shall be incorporated in and shall be
deemed to be a part of the Flat Tops Wilderness
designated by Public Law 94-146.
(2) Designation as wilderness.--Lands designated as a
potential wilderness area by subparagraphs (A) through
(C) of paragraph (1) shall be designated as wilderness
on the date on which the Secretary publishes in the
Federal Register a notice that all nonconforming uses
of those lands authorized by subsection (e) in the
potential wilderness area that would be in violation of
the Wilderness Act (16 U.S.C. 1131 et seq.) have
ceased. Such publication in the Federal Register and
designation as wilderness shall occur for the potential
wilderness area as the nonconforming uses cease in that
potential wilderness area and designation as wilderness
is not dependent on cessation of nonconforming uses in
the other potential wilderness area.
(3) Management.--Except for activities provided for
under subsection (e), lands designated as a potential
wilderness area by paragraph (1) shall be managed by
the Secretary in accordance with the Wilderness Act as
wilderness pending the designation of such lands as
wilderness under this subsection.
SEC. 104. WATER.
(a) Effect on Water Rights.--Nothing in this title--
(1) affects the use or allocation, in existence on
the date of enactment of this Act, of any water, water
right, or interest in water;
(2) affects any vested absolute or decreed
conditional water right in existence on the date of
enactment of this Act, including any water right held
by the United States;
(3) affects any interstate water compact in existence
on the date of enactment of this Act;
(4) authorizes or imposes any new reserved Federal
water rights; and
(5) shall be considered to be a relinquishment or
reduction of any water rights reserved or appropriated
by the United States in the State of Colorado on or
before the date of the enactment of this Act.
(b) Midstream Areas.--
(1) Purpose.--The purpose of this subsection is to
protect for the benefit and enjoyment of present and
future generations--
(A) the unique and nationally important
values of areas designated as wilderness by
section 102(b) (including the geological,
cultural, archaeological, paleontological,
natural, scientific, recreational,
environmental, biological, wilderness,
wildlife, riparian, historical, educational,
and scenic resources of the public land); and
(B) the water resources of area streams,
based on seasonally available flows, that are
necessary to support aquatic, riparian, and
terrestrial species and communities.
(2) Wilderness water rights.--
(A) In general.--The Secretary shall ensure
that any water rights within the wilderness
designated by section 102(b) required to
fulfill the purposes of such wilderness are
secured in accordance with subparagraphs (B)
through (G).
(B) State law.--
(i) Procedural requirements.--Any
water rights for which the Secretary
pursues adjudication shall be
appropriated, adjudicated, changed, and
administered in accordance with the
procedural requirements and priority
system of State law.
(ii) Establishment of water rights.--
(I) In general.--Except as
provided in subclause (II), the
purposes and other substantive
characteristics of the water
rights pursued under this
paragraph shall be established
in accordance with State law.
(II) Exception.--
Notwithstanding subclause (I)
and in accordance with this
title, the Secretary may
appropriate and seek
adjudication of water rights to
maintain surface water levels
and stream flows on and across
the wilderness designated by
section 102(b) to fulfill the
purposes of such wilderness.
(C) Deadline.--The Secretary shall promptly,
but not earlier than January 1, 2021,
appropriate the water rights required to
fulfill the purposes of the wilderness
designated by section 102(b).
(D) Required determination.--The Secretary
shall not pursue adjudication for any instream
flow water rights unless the Secretary makes a
determination pursuant to subparagraph (E)(ii)
or (F).
(E) Cooperative enforcement.--
(i) In general.--The Secretary shall
not pursue adjudication of any Federal
instream flow water rights established
under this paragraph if--
(I) the Secretary determines,
upon adjudication of the water
rights by the Colorado Water
Conservation Board, that the
Board holds water rights
sufficient in priority, amount,
and timing to fulfill the
purposes of this subsection;
and
(II) the Secretary has
entered into a perpetual
agreement with the Colorado
Water Conservation Board to
ensure full exercise,
protection, and enforcement of
the State water rights within
the wilderness to reliably
fulfill the purposes of this
subsection.
(ii) Adjudication.--If the Secretary
determines that the provisions of
clause (i) have not been met, the
Secretary shall adjudicate and exercise
any Federal water rights required to
fulfill the purposes of the wilderness
in accordance with this paragraph.
(F) Insufficient water rights.--If the
Colorado Water Conservation Board modifies the
instream flow water rights obtained under
subparagraph (E) to such a degree that the
Secretary determines that water rights held by
the State are insufficient to fulfill the
purposes of this title, the Secretary shall
adjudicate and exercise Federal water rights
required to fulfill the purposes of this title
in accordance with subparagraph (B).
(G) Failure to comply.--The Secretary shall
promptly act to exercise and enforce the water
rights described in subparagraph (E) if the
Secretary determines that--
(i) the State is not exercising its
water rights consistent with
subparagraph (E)(i)(I); or
(ii) the agreement described in
subparagraph (E)(i)(II) is not
fulfilled or complied with sufficiently
to fulfill the purposes of this title.
(3) Water resource facility.--Notwithstanding any
other provision of law, beginning on the date of
enactment of this title, neither the President nor any
other officer, employee, or agent of the United States
shall fund, assist, authorize, or issue a license or
permit for development of any new irrigation and
pumping facility, reservoir, water conservation work,
aqueduct, canal, ditch, pipeline, well, hydropower
project, transmission, other ancillary facility, or
other water, diversion, storage, or carriage structure
in the wilderness designated by section 102(b).
(c) Access and Operation.--
(1) Definition.--As used in this subsection, the term
``water resource facility'' means irrigation and
pumping facilities, reservoirs, water conservation
works, aqueducts, canals, ditches, pipelines, wells,
hydropower projects, transmission and other ancillary
facilities, and other water diversion, storage, and
carriage structures.
(2) Access to water resource facilities.--Subject to
the provisions of this subsection, the Secretary shall
allow reasonable access to water resource facilities in
existence on the date of enactment of this Act within
the areas described in sections 102(b) and 102(c),
including motorized access where necessary and
customarily employed on routes existing as of the date
of enactment of this Act.
(3) Access routes.--Existing access routes within
such areas customarily employed as of the date of
enactment of this Act may be used, maintained,
repaired, and replaced to the extent necessary to
maintain their present function, design, and
serviceable operation, so long as such activities have
no increased adverse impacts on the resources and
values of the areas described in sections 102(b) and
102(c) than existed as of the date of enactment of this
Act.
(4) Use of water resource facilities.--Subject to the
provisions of this subsection and subsection (a)(4),
the Secretary shall allow water resource facilities
existing on the date of enactment of this Act within
areas described in sections 102(b) and 102(c) to be
used, operated, maintained, repaired, and replaced to
the extent necessary for the continued exercise, in
accordance with Colorado State law, of vested water
rights adjudicated for use in connection with such
facilities by a court of competent jurisdiction prior
to the date of enactment of this Act. The impact of an
existing facility on the water resources and values of
the area shall not be increased as a result of changes
in the adjudicated type of use of such facility as of
the date of enactment of this Act.
(5) Repair and maintenance.--Water resource
facilities, and access routes serving such facilities,
existing within the areas described in sections 102(b)
and 102(c) on the date of enactment of this Act shall
be maintained and repaired when and to the extent
necessary to prevent increased adverse impacts on the
resources and values of the areas described in sections
102(b) and 102(c).
SEC. 105. SENSE OF CONGRESS.
It is the sense of Congress that military aviation training
on Federal public lands in Colorado, including the training
conducted at the High-Altitude Army National Guard Aviation
Training Site, is critical to the national security of the
United States and the readiness of the Armed Forces.
SEC. 106. DEPARTMENT OF DEFENSE STUDY ON IMPACTS THAT THE EXPANSION OF
WILDERNESS DESIGNATIONS IN THE WESTERN UNITED
STATES WOULD HAVE ON THE READINESS OF THE ARMED
FORCES OF THE UNITED STATES WITH RESPECT TO
AVIATION TRAINING.
(a) Study Required.--The Secretary of Defense shall conduct a
study on the impacts that the expansion of wilderness
designations in the Western United States would have on the
readiness of the Armed Forces of the United States with respect
to aviation training.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the study required under subsection
(a).
TITLE II--NORTHWEST CALIFORNIA WILDERNESS, RECREATION, AND WORKING
FORESTS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Northwest California
Wilderness, Recreation, and Working Forests Act''.
SEC. 202. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the
jurisdiction of the Secretary of Agriculture,
the Secretary of Agriculture; and
(B) with respect to land under the
jurisdiction of the Secretary of the Interior,
the Secretary of the Interior.
(2) State.--The term ``State'' means the State of
California.
Subtitle A--Restoration and Economic Development
SEC. 211. SOUTH FORK TRINITY-MAD RIVER RESTORATION AREA.
(a) Definitions.--In this section:
(1) Collaboratively developed.--The term
``collaboratively developed'' means projects that are
developed and implemented through a collaborative
process that--
(A) includes--
(i) appropriate Federal, State, and
local agencies; and
(ii) multiple interested persons
representing diverse interests; and
(B) is transparent and nonexclusive.
(2) Plantation.--The term ``plantation'' means a
forested area that has been artificially established by
planting or seeding.
(3) Restoration.--The term ``restoration'' means the
process of assisting the recovery of an ecosystem that
has been degraded, damaged, or destroyed by
establishing the composition, structure, pattern, and
ecological processes necessary to facilitate
terrestrial and aquatic ecosystem sustainability,
resilience, and health under current and future
conditions.
(4) Restoration area.--The term ``restoration area''
means the South Fork Trinity-Mad River Restoration
Area, established by subsection (b).
(5) Shaded fuel break.--The term ``shaded fuel
break'' means a vegetation treatment that effectively
addresses all project-generated slash and that retains:
adequate canopy cover to suppress plant regrowth in the
forest understory following treatment; the longest
lived trees that provide the most shade over the
longest period of time; the healthiest and most
vigorous trees with the greatest potential for crown-
growth in plantations and in natural stands adjacent to
plantations; and all mature hardwoods, when
practicable.
(6) Stewardship contract.--The term ``stewardship
contract'' means an agreement or contract entered into
under section 604 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6591c).
(7) Wildland-urban interface.--The term ``wildland-
urban interface'' has the meaning given the term by
section 101 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6511).
(b) Establishment.--Subject to valid existing rights, there
is established the South Fork Trinity-Mad River Restoration
Area, comprising approximately 729,089 acres of Federal land
administered by the Forest Service and approximately 1,280
acres of Federal land administered by the Bureau of Land
Management, as generally depicted on the map entitled ``South
Fork Trinity-Mad River Restoration Area--Proposed'' and dated
July 3, 2018, to be known as the South Fork Trinity-Mad River
Restoration Area.
(c) Purposes.--The purposes of the restoration area are to--
(1) establish, restore, and maintain fire-resilient
forest structures containing late successional forest
structure characterized by large trees and multistoried
canopies, as ecologically appropriate;
(2) protect late successional reserves;
(3) enhance the restoration of Federal lands within
the restoration area;
(4) reduce the threat posed by wildfires to
communities within the restoration area;
(5) protect and restore aquatic habitat and
anadromous fisheries;
(6) protect the quality of water within the
restoration area; and
(7) allow visitors to enjoy the scenic, recreational,
natural, cultural, and wildlife values of the
restoration area.
(d) Management.--
(1) In general.--The Secretary shall manage the
restoration area--
(A) in a manner consistent with the purposes
described in subsection (c);
(B) in a manner that--
(i) in the case of the Forest
Service, prioritizes restoration of the
restoration area over other
nonemergency vegetation management
projects on the portions of the Six
Rivers and Shasta-Trinity National
Forests in Humboldt and Trinity
Counties; and
(ii) in the case of the United States
Fish and Wildlife Service, establishes
with the Forest Service an agreement
for cooperation to ensure timely
completion of consultation required by
section 7 of the Endangered Species Act
(15 U.S.C. 1536) on restoration
projects within the restoration area
and agreement to maintain and exchange
information on planning schedules and
priorities on a regular basis;
(C) in accordance with--
(i) the laws (including regulations)
and rules applicable to the National
Forest System for land managed by the
Forest Service;
(ii) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701
et seq.) for land managed by the Bureau
of Land Management;
(iii) this title; and
(iv) any other applicable law
(including regulations); and
(D) in a manner consistent with congressional
intent that consultation for restoration
projects within the restoration area is
completed in a timely and efficient manner.
(2) Conflict of laws.--
(A) In general.--The establishment of the
restoration area shall not change the
management status of any land or water that is
designated wilderness or as a wild and scenic
river, including lands and waters designated by
this title.
(B) Resolution of conflict.--If there is a
conflict between the laws applicable to the
areas described in subparagraph (A) and this
section, the more restrictive provision shall
control.
(3) Uses.--
(A) In general.--The Secretary shall only
allow uses of the restoration area that the
Secretary determines would further the purposes
described in subsection (c).
(B) Priority.--The Secretary shall prioritize
restoration activities within the restoration
area.
(C) Limitation.--Nothing in this section
shall limit the Secretary's ability to plan,
approve, or prioritize activities outside of
the restoration area.
(4) Wildland fire.--
(A) In general.--Nothing in this section
prohibits the Secretary, in cooperation with
other Federal, State, and local agencies, as
appropriate, from conducting wildland fire
operations in the restoration area, consistent
with the purposes of this section.
(B) Priority.--The Secretary may use
prescribed burning and managed wildland fire to
the fullest extent practicable to achieve the
purposes of this section.
(5) Road decommissioning.--
(A) In general.--To the extent practicable,
the Secretary shall decommission unneeded
National Forest System roads identified for
decommissioning and unauthorized roads
identified for decommissioning within the
restoration area--
(i) subject to appropriations;
(ii) consistent with the analysis
required by subparts A and B of part
212 of title 36, Code of Federal
Regulations; and
(iii) in accordance with existing
law.
(B) Additional requirement.--In making
determinations regarding road decommissioning
under subparagraph (A), the Secretary shall
consult with--
(i) appropriate State, Tribal, and
local governmental entities; and
(ii) members of the public.
(C) Definition.--As used in subparagraph (A),
the term ``decommission'' means--
(i) to reestablish vegetation on a
road; and
(ii) to restore any natural drainage,
watershed function, or other ecological
processes that are disrupted or
adversely impacted by the road by
removing or hydrologically
disconnecting the road prism.
(6) Vegetation management.--
(A) In general.--Subject to subparagraphs
(B), (C), and (D), the Secretary may conduct
vegetation management projects in the
restoration area only where necessary to--
(i) maintain or restore the
characteristics of ecosystem
composition and structure;
(ii) reduce wildfire risk to
communities by promoting forests that
are fire resilient;
(iii) improve the habitat of
threatened, endangered, or sensitive
species;
(iv) protect or improve water
quality; or
(v) enhance the restoration of lands
within the restoration area.
(B) Additional requirements.--
(i) Shaded fuel breaks.--In carrying
out subparagraph (A), the Secretary
shall prioritize, as practicable, the
establishment of a network of shaded
fuel breaks within--
(I) the portions of the
wildland-urban interface that
are within 150 feet from
private property contiguous to
Federal land;
(II) 150 feet from any road
that is open to motorized
vehicles as of the date of
enactment of this Act--
(aa) except that,
where topography or
other conditions
require, the Secretary
may establish shaded
fuel breaks up to 275
feet from a road so
long as the combined
total width of the
shaded fuel breaks for
both sides of the road
does not exceed 300
feet; and
(bb) provided that
the Secretary shall
include vegetation
treatments within a
minimum of 25 feet of
the road where
practicable, feasible,
and appropriate as part
of any shaded fuel
break; or
(III) 150 feet of any
plantation.
(ii) Plantations; riparian
reserves.--The Secretary may undertake
vegetation management projects--
(I) in areas within the
restoration area in which fish
and wildlife habitat is
significantly compromised as a
result of past management
practices (including
plantations); and
(II) within designated
riparian reserves only where
necessary to maintain the
integrity of fuel breaks and to
enhance fire resilience.
(C) Compliance.--The Secretary shall carry
out vegetation management projects within the
restoration area--
(i) in accordance with--
(I) this section; and
(II) existing law (including
regulations);
(ii) after providing an opportunity
for public comment; and
(iii) subject to appropriations.
(D) Best available science.--The Secretary
shall use the best available science in
planning and implementing vegetation management
projects within the restoration area.
(7) Grazing.--
(A) Existing grazing.--The grazing of
livestock in the restoration area, where
established before the date of enactment of
this Act, shall be permitted to continue--
(i) subject to--
(I) such reasonable
regulations, policies, and
practices as the Secretary
considers necessary; and
(II) applicable law
(including regulations); and
(ii) in a manner consistent with the
purposes described in subsection (c).
(B) Targeted new grazing.--The Secretary may
issue annual targeted grazing permits for the
grazing of livestock in the restoration area,
where not established before the date of the
enactment of this Act, to control noxious
weeds, aid in the control of wildfire within
the wildland-urban interface, or to provide
other ecological benefits subject to--
(i) such reasonable regulations,
policies, and practices as the
Secretary considers necessary; and
(ii) a manner consistent with the
purposes described in subsection (c).
(C) Best available science.--The Secretary
shall use the best available science when
determining whether to issue targeted grazing
permits within the restoration area.
(e) Withdrawal.--Subject to valid existing rights, the
restoration area is withdrawn from--
(1) all forms of entry, appropriation, and disposal
under the public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
(f) Use of Stewardship Contracts.--To the maximum extent
practicable, the Secretary shall--
(1) use stewardship contracts to implement this
section; and
(2) use revenue derived from such stewardship
contracts for restoration and other activities within
the restoration area which shall include staff and
administrative costs to support timely consultation
activities for restoration projects.
(g) Collaboration.--In developing and implementing
restoration projects in the restoration area, the Secretary
shall consult with collaborative groups with an interest in the
restoration area.
(h) Environmental Review.--A collaboratively developed
restoration project within the restoration area may be carried
out in accordance with the provisions for hazardous fuel
reduction projects set forth in sections 214, 215, and 216 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514-
6516), as applicable.
(i) Multiparty Monitoring.--The Secretary of Agriculture
shall--
(1) in collaboration with the Secretary of the
Interior and interested persons, use a multiparty
monitoring, evaluation, and accountability process to
assess the positive or negative ecological, social, and
economic effects of restoration projects within the
restoration area; and
(2) incorporate the monitoring results into the
management of the restoration area.
(j) Funding.--The Secretary shall use all existing
authorities to secure as much funding as necessary to fulfill
the purposes of the restoration area.
(k) Forest Residues Utilization.--
(1) In general.--In accordance with applicable law,
including regulations, and this section, the Secretary
may utilize forest residues from restoration projects,
including shaded fuel breaks, in the restoration area
for research and development of biobased products that
result in net carbon sequestration.
(2) Partnerships.--In carrying out paragraph (1), the
Secretary may enter into partnerships with
universities, nongovernmental organizations, industry,
Tribes, and Federal, State, and local governmental
agencies.
SEC. 212. REDWOOD NATIONAL AND STATE PARKS RESTORATION.
(a) Partnership Agreements.--The Secretary of the Interior is
authorized to undertake initiatives to restore degraded redwood
forest ecosystems in Redwood National and State Parks in
partnership with the State of California, local agencies, and
nongovernmental organizations.
(b) Compliance.--In carrying out any initiative authorized by
subsection (a), the Secretary of the Interior shall comply with
all applicable law.
SEC. 213. CALIFORNIA PUBLIC LANDS REMEDIATION PARTNERSHIP.
(a) Definitions.--In this section:
(1) Partnership.--The term ``partnership'' means the
California Public Lands Remediation Partnership,
established by subsection (b).
(2) Priority lands.--The term ``priority lands''
means Federal land within the State that is determined
by the partnership to be a high priority for
remediation.
(3) Remediation.--The term ``remediation'' means to
facilitate the recovery of lands and waters that have
been degraded, damaged, or destroyed by illegal
marijuana cultivation or another illegal activity.
Remediation includes but is not limited to removal of
trash, debris, and other material, and establishing the
composition, structure, pattern, and ecological
processes necessary to facilitate terrestrial and
aquatic ecosystem sustainability, resilience, and
health under current and future conditions.
(b) Establishment.--There is hereby established a California
Public Lands Remediation Partnership.
(c) Purposes.--The purposes of the partnership are to--
(1) coordinate the activities of Federal, State,
Tribal, and local authorities, and the private sector,
in the remediation of priority lands in the State
affected by illegal marijuana cultivation or other
illegal activities; and
(2) use the resources and expertise of each agency,
authority, or entity in implementing remediation
activities on priority lands in the State.
(d) Membership.--The members of the partnership shall include
the following:
(1) The Secretary of Agriculture, or a designee of
the Secretary of Agriculture to represent the Forest
Service.
(2) The Secretary of the Interior, or a designee of
the Secretary of the Interior, to represent the United
States Fish and Wildlife Service, Bureau of Land
Management, and National Park Service.
(3) The Director of the Office of National Drug
Control Policy, or a designee of the Director.
(4) The Secretary of the State Natural Resources
Agency, or a designee of the Secretary, to represent
the California Department of Fish and Wildlife.
(5) A designee of the California State Water
Resources Control Board.
(6) A designee of the California State Sheriffs'
Association.
(7) One member to represent federally recognized
Indian Tribes, to be appointed by the Secretary of
Agriculture.
(8) One member to represent nongovernmental
organizations with an interest in Federal land
remediation, to be appointed by the Secretary of
Agriculture.
(9) One member to represent local governmental
interests, to be appointed by the Secretary of
Agriculture.
(10) A law enforcement official from each of the
following:
(A) The Department of the Interior.
(B) The Department of Agriculture.
(11) A scientist to provide expertise and advise on
methods needed for remediation efforts, to be appointed
by the Secretary of Agriculture.
(12) A designee of the National Guard Counter Drug
Program.
(e) Duties.--To further the purposes of this section, the
partnership shall--
(1) identify priority lands for remediation in the
State;
(2) secure resources from Federal and non-Federal
sources to apply to remediation of priority lands in
the State;
(3) support efforts by Federal, State, Tribal, and
local agencies, and nongovernmental organizations in
carrying out remediation of priority lands in the
State;
(4) support research and education on the impacts of,
and solutions to, illegal marijuana cultivation and
other illegal activities on priority lands in the
State;
(5) involve other Federal, State, Tribal, and local
agencies, nongovernmental organizations, and the public
in remediation efforts, to the extent practicable; and
(6) take any other administrative or advisory actions
as necessary to address remediation of priority lands
in the State.
(f) Authorities.--To implement this section, the partnership
may, subject to the prior approval of the Secretary of
Agriculture--
(1) make grants to the State, political subdivisions
of the State, nonprofit organizations, and other
persons;
(2) enter into cooperative agreements with, or
provide grants or technical assistance to, the State,
political subdivisions of the State, nonprofit
organizations, Federal agencies, and other interested
parties;
(3) hire and compensate staff;
(4) obtain funds or services from any source,
including Federal and non-Federal funds, and funds and
services provided under any other Federal law or
program;
(5) contract for goods or services; and
(6) support activities of partners and any other
activities that further the purposes of this section.
(g) Procedures.--The partnership shall establish such rules
and procedures as it deems necessary or desirable.
(h) Local Hiring.--The partnership shall, to the maximum
extent practicable and in accordance with existing law, give
preference to local entities and persons when carrying out this
section.
(i) Service Without Compensation.--Members of the partnership
shall serve without pay.
(j) Duties and Authorities of the Secretary of Agriculture.--
(1) In general.--The Secretary of Agriculture shall
convene the partnership on a regular basis to carry out
this section.
(2) Technical and financial assistance.--The
Secretary of Agriculture and Secretary of the Interior
may provide technical and financial assistance, on a
reimbursable or nonreimbursable basis, as determined by
the appropriate Secretary, to the partnership or any
members of the partnership to carry out this title.
(3) Cooperative agreements.--The Secretary of
Agriculture and Secretary of the Interior may enter
into cooperative agreements with the partnership, any
members of the partnership, or other public or private
entities to provide technical, financial, or other
assistance to carry out this title.
SEC. 214. TRINITY LAKE VISITOR CENTER.
(a) In General.--The Secretary of Agriculture, acting through
the Chief of the Forest Service, may establish, in cooperation
with any other public or private entities that the Secretary
may determine to be appropriate, a visitor center in
Weaverville, California--
(1) to serve visitors; and
(2) to assist in fulfilling the purposes of the
Whiskeytown-Shasta-Trinity National Recreation Area.
(b) Requirements.--The Secretary shall ensure that the
visitor center authorized under subsection (a) is designed to
interpret the scenic, biological, natural, historical,
scientific, paleontological, recreational, ecological,
wilderness, and cultural resources of the Whiskeytown-Shasta-
Trinity National Recreation Area and other nearby Federal
lands.
(c) Cooperative Agreements.--The Secretary of Agriculture
may, in a manner consistent with this title, enter into
cooperative agreements with the State and any other appropriate
institutions and organizations to carry out the purposes of
this section.
SEC. 215. DEL NORTE COUNTY VISITOR CENTER.
(a) In General.--The Secretary of Agriculture and Secretary
of the Interior, acting jointly or separately, may establish,
in cooperation with any other public or private entities that
the Secretaries determine to be appropriate, a visitor center
in Del Norte County, California--
(1) to serve visitors; and
(2) to assist in fulfilling the purposes of Redwood
National and State Parks, the Smith River National
Recreation Area, and other nearby Federal lands.
(b) Requirements.--The Secretaries shall ensure that the
visitor center authorized under subsection (a) is designed to
interpret the scenic, biological, natural, historical,
scientific, paleontological, recreational, ecological,
wilderness, and cultural resources of Redwood National and
State Parks, the Smith River National Recreation Area, and
other nearby Federal lands.
SEC. 216. MANAGEMENT PLANS.
(a) In General.--In revising the land and resource management
plan for the Shasta-Trinity, Six Rivers, Klamath, and Mendocino
National Forests, the Secretary shall--
(1) consider the purposes of the South Fork Trinity-
Mad River Restoration Area established by section 211;
and
(2) include or update the fire management plan for
the wilderness areas and wilderness additions
established by this title.
(b) Requirement.--In carrying out the revisions required by
subsection (a), the Secretary shall--
(1) develop spatial fire management plans in
accordance with--
(A) the Guidance for Implementation of
Federal Wildland Fire Management Policy dated
February 13, 2009, including any amendments to
that guidance; and
(B) other appropriate policies;
(2) ensure that a fire management plan--
(A) considers how prescribed or managed fire
can be used to achieve ecological management
objectives of wilderness and other natural or
primitive areas; and
(B) in the case of a wilderness area expanded
by section 231, provides consistent direction
regarding fire management to the entire
wilderness area, including the addition;
(3) consult with--
(A) appropriate State, Tribal, and local
governmental entities; and
(B) members of the public; and
(4) comply with applicable laws (including
regulations).
SEC. 217. STUDY; PARTNERSHIPS RELATED TO OVERNIGHT ACCOMMODATIONS.
(a) Study.--The Secretary of the Interior, in consultation
with interested Federal, State, Tribal, and local entities, and
private and nonprofit organizations, shall conduct a study to
evaluate the feasibility and suitability of establishing
overnight accommodations near Redwood National and State Parks
on--
(1) Federal land at the northern boundary or on land
within 20 miles of the northern boundary; and
(2) Federal land at the southern boundary or on land
within 20 miles of the southern boundary.
(b) Partnerships.--
(1) Agreements authorized.--If the study conducted
under subsection (a) determines that establishing the
described accommodations is suitable and feasible, the
Secretary may enter into agreements with qualified
private and nonprofit organizations for the
development, operation, and maintenance of overnight
accommodations.
(2) Contents.--Any agreements entered into under
paragraph (1) shall clearly define the role and
responsibility of the Secretary and the private or
nonprofit organization.
(3) Compliance.--The Secretary shall enter agreements
under paragraph (1) in accordance with existing law.
(4) Effect.--Nothing in this subsection--
(A) reduces or diminishes the authority of
the Secretary to manage land and resources
under the jurisdiction of the Secretary; or
(B) amends or modifies the application of any
existing law (including regulations) applicable
to land under the jurisdiction of the
Secretary.
Subtitle B--Recreation
SEC. 221. HORSE MOUNTAIN SPECIAL MANAGEMENT AREA.
(a) Establishment.--Subject to valid existing rights, there
is established the Horse Mountain Special Management Area
(referred to in this section as the ``special management
area'') comprising approximately 7,399 acres of Federal land
administered by the Forest Service in Humboldt County,
California, as generally depicted on the map entitled ``Horse
Mountain Special Management Area--Proposed'' and dated April
13, 2017.
(b) Purposes.--The purpose of the special management area is
to enhance the recreational and scenic values of the special
management area while conserving the plants, wildlife, and
other natural resource values of the area.
(c) Management Plan.--
(1) In general.--Not later than 3 years after the
date of enactment of this Act and in accordance with
paragraph (2), the Secretary shall develop a
comprehensive plan for the long-term management of the
special management area.
(2) Consultation.--In developing the management plan
required under paragraph (1), the Secretary shall
consult with--
(A) appropriate State, Tribal, and local
governmental entities; and
(B) members of the public.
(3) Additional requirement.--The management plan
required under paragraph (1) shall ensure that
recreational use within the special management area
does not cause significant adverse impacts on the
plants and wildlife of the special management area.
(d) Management.--
(1) In general.--The Secretary shall manage the
special management area--
(A) in furtherance of the purposes described
in subsection (b); and
(B) in accordance with--
(i) the laws (including regulations)
generally applicable to the National
Forest System;
(ii) this section; and
(iii) any other applicable law
(including regulations).
(2) Recreation.--The Secretary shall continue to
authorize, maintain, and enhance the recreational use
of the special management area, including hunting,
fishing, camping, hiking, hang gliding, sightseeing,
nature study, horseback riding, rafting, mountain
biking, and motorized recreation on authorized routes,
and other recreational activities, so long as such
recreational use is consistent with the purposes of the
special management area, this section, other applicable
law (including regulations), and applicable management
plans.
(3) Motorized vehicles.--
(A) In general.--Except as provided in
subparagraph (B), the use of motorized vehicles
in the special management area shall be
permitted only on roads and trails designated
for the use of motorized vehicles.
(B) Use of snowmobiles.--The winter use of
snowmobiles shall be allowed in the special
management area--
(i) during periods of adequate snow
coverage during the winter season; and
(ii) subject to any terms and
conditions determined to be necessary
by the Secretary.
(4) New trails.--
(A) In general.--The Secretary may construct
new trails for motorized or nonmotorized
recreation within the special management area
in accordance with--
(i) the laws (including regulations)
generally applicable to the National
Forest System;
(ii) this section; and
(iii) any other applicable law
(including regulations).
(B) Priority.--In establishing new trails
within the special management area, the
Secretary shall--
(i) prioritize the establishment of
loops that provide high-quality,
diverse recreational experiences; and
(ii) consult with members of the
public.
(e) Withdrawal.--Subject to valid existing rights, the
special management area is withdrawn from--
(1) all forms of appropriation or disposal under the
public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) disposition under laws relating to mineral and
geothermal leasing.
SEC. 222. BIGFOOT NATIONAL RECREATION TRAIL.
(a) Feasibility Study.--
(1) In general.--Not later than 3 years after the
date of the enactment of this Act, the Secretary of
Agriculture, in cooperation with the Secretary of the
Interior, shall submit to the Committee on Natural
Resources of the House of Representatives and Committee
on Energy and Natural Resources of the Senate a study
that describes the feasibility of establishing a
nonmotorized Bigfoot National Recreation Trail that
follows the route described in paragraph (2).
(2) Route.--The trail described in paragraph (1)
shall extend from the Ides Cove Trailhead in the
Mendocino National Forest to Crescent City, California,
by roughly following the route as generally depicted on
the map entitled ``Bigfoot National Recreation Trail--
Proposed'' and dated July 25, 2018.
(3) Additional requirement.--In completing the study
required by subsection (a), the Secretary of
Agriculture shall consult with--
(A) appropriate Federal, State, Tribal,
regional, and local agencies;
(B) private landowners;
(C) nongovernmental organizations; and
(D) members of the public.
(b) Designation.--
(1) In general.--Upon a determination that the
Bigfoot National Recreation Trail is feasible and meets
the requirements for a National Recreation Trail in
section 1243 of title 16, United States Code, the
Secretary of Agriculture shall designate the Bigfoot
National Recreation Trail in accordance with--
(A) the National Trails System Act (Public
Law 90-543);
(B) this title; and
(C) other applicable law (including
regulations).
(2) Administration.--Upon designation by the
Secretary of Agriculture, the Bigfoot National
Recreation Trail (referred to in this section as the
``trail'') shall be administered by the Secretary of
Agriculture, in consultation with--
(A) other Federal, State, Tribal, regional,
and local agencies;
(B) private landowners; and
(C) other interested organizations.
(3) Private property rights.--
(A) In general.--No portions of the trail may
be located on non-Federal land without the
written consent of the landowner.
(B) Prohibition.--The Secretary of
Agriculture shall not acquire for the trail any
land or interest in land outside the exterior
boundary of any federally managed area without
the consent of the owner of the land or
interest in the land.
(C) Effect.--Nothing in this section--
(i) requires any private property
owner to allow public access (including
Federal, State, or local government
access) to private property; or
(ii) modifies any provision of
Federal, State, or local law with
respect to public access to or use of
private land.
(c) Cooperative Agreements.--In carrying out this section,
the Secretary of Agriculture may enter into cooperative
agreements with State, Tribal, and local government entities
and private entities to complete needed trail construction,
reconstruction, realignment, maintenance, or education projects
related to the Bigfoot National Recreation Trail.
(d) Map.--
(1) Map required.--Upon designation of the Bigfoot
National Recreation Trail, the Secretary of Agriculture
shall prepare a map of the trail.
(2) Public availability.--The map referred to in
paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Forest
Service.
SEC. 223. ELK CAMP RIDGE RECREATION TRAIL.
(a) Designation.--
(1) In general.--In accordance with paragraph (2),
the Secretary of Agriculture after an opportunity for
public comment, shall designate a trail (which may
include a system of trails)--
(A) for use by off-highway vehicles or
mountain bicycles, or both; and
(B) to be known as the Elk Camp Ridge
Recreation Trail.
(2) Requirements.--In designating the Elk Camp Ridge
Recreation Trail (referred to in this section as the
``trail''), the Secretary shall only include trails
that are--
(A) as of the date of enactment of this Act,
authorized for use by off-highway vehicles or
mountain bikes, or both; and
(B) located on land that is managed by the
Forest Service in Del Norte County.
(3) Map.--A map that depicts the trail shall be on
file and available for public inspection in the
appropriate offices of the Forest Service.
(b) Management.--
(1) In general.--The Secretary shall manage the
trail--
(A) in accordance with applicable laws
(including regulations);
(B) to ensure the safety of citizens who use
the trail; and
(C) in a manner by which to minimize any
damage to sensitive habitat or cultural
resources.
(2) Monitoring; evaluation.--To minimize the impacts
of the use of the trail on environmental and cultural
resources, the Secretary shall annually assess the
effects of the use of off-highway vehicles and mountain
bicycles on--
(A) the trail;
(B) land located in proximity to the trail;
and
(C) plants, wildlife, and wildlife habitat.
(3) Closure.--The Secretary, in consultation with the
State and Del Norte County, and subject to paragraph
(4), may temporarily close or permanently reroute a
portion of the trail if the Secretary determines that--
(A) the trail is having an adverse impact
on--
(i) wildlife habitats;
(ii) natural resources;
(iii) cultural resources; or
(iv) traditional uses;
(B) the trail threatens public safety; or
(C) closure of the trail is necessary--
(i) to repair damage to the trail; or
(ii) to repair resource damage.
(4) Rerouting.--Any portion of the trail that is
temporarily closed by the Secretary under paragraph (3)
may be permanently rerouted along any road or trail--
(A) that is--
(i) in existence as of the date of
the closure of the portion of the
trail;
(ii) located on public land; and
(iii) open to motorized or mechanized
use; and
(B) if the Secretary determines that
rerouting the portion of the trail would not
significantly increase or decrease the length
of the trail.
(5) Notice of available routes.--The Secretary shall
ensure that visitors to the trail have access to
adequate notice relating to the availability of trail
routes through--
(A) the placement of appropriate signage
along the trail; and
(B) the distribution of maps, safety
education materials, and other information that
the Secretary concerned determines to be
appropriate.
(c) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 224. TRINITY LAKE TRAIL.
(a) Trail Construction.--
(1) Feasibility study.--Not later than 18 months
after the date of enactment of this Act, the Secretary
shall study the feasibility and public interest of
constructing a recreational trail for nonmotorized uses
around Trinity Lake.
(2) Construction.--
(A) Construction authorized.--Subject to
appropriations, and in accordance with
paragraph (3), if the Secretary determines
under paragraph (1) that the construction of
the trail described in such paragraph is
feasible and in the public interest, the
Secretary may provide for the construction of
the trail.
(B) Use of volunteer services and
contributions.--The trail may be constructed
under this section through the acceptance of
volunteer services and contributions from non-
Federal sources to reduce or eliminate the need
for Federal expenditures to construct the
trail.
(3) Compliance.--In carrying out this section, the
Secretary shall comply with--
(A) the laws (including regulations)
generally applicable to the National Forest
System; and
(B) this title.
(b) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 225. TRAILS STUDY.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Agriculture, in
accordance with subsection (b) and in consultation with
interested parties, shall conduct a study to improve motorized
and nonmotorized recreation trail opportunities (including
mountain bicycling) on land not designated as wilderness within
the portions of the Six Rivers, Shasta-Trinity, and Mendocino
National Forests located in Del Norte, Humboldt, Trinity, and
Mendocino Counties.
(b) Consultation.--In carrying out the study required by
subsection (a), the Secretary of Agriculture shall consult with
the Secretary of the Interior regarding opportunities to
improve, through increased coordination, recreation trail
opportunities on land under the jurisdiction of the Secretary
of the Interior that shares a boundary with the national forest
land described in subsection (a).
SEC. 226. CONSTRUCTION OF MOUNTAIN BICYCLING ROUTES.
(a) Trail Construction.--
(1) Feasibility study.--Not later than 18 months
after the date of enactment of this Act, the Secretary
of Agriculture shall study the feasibility and public
interest of constructing recreational trails for
mountain bicycling and other nonmotorized uses on the
routes as generally depicted in the report entitled
``Trail Study for Smith River National Recreation Area
Six Rivers National Forest'' and dated 2016.
(2) Construction.--
(A) Construction authorized.--Subject to
appropriations, and in accordance with
paragraph (3), if the Secretary determines
under paragraph (1) that the construction of
one or more routes described in such paragraph
is feasible and in the public interest, the
Secretary may provide for the construction of
the routes.
(B) Modifications.--The Secretary may modify
the routes as necessary in the opinion of the
Secretary.
(C) Use of volunteer services and
contributions.--Routes may be constructed under
this section through the acceptance of
volunteer services and contributions from non-
Federal sources to reduce or eliminate the need
for Federal expenditures to construct the
route.
(3) Compliance.--In carrying out this section, the
Secretary shall comply with--
(A) the laws (including regulations)
generally applicable to the National Forest
System; and
(B) this title.
(b) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 227. PARTNERSHIPS.
(a) Agreements Authorized.--The Secretary is authorized to
enter into agreements with qualified private and nonprofit
organizations to undertake the following activities on Federal
lands in Mendocino, Humboldt, Trinity, and Del Norte Counties--
(1) trail and campground maintenance;
(2) public education, visitor contacts, and outreach;
and
(3) visitor center staffing.
(b) Contents.--Any agreements entered into under subsection
(a) shall clearly define the role and responsibility of the
Secretary and the private or nonprofit organization.
(c) Compliance.--The Secretary shall enter into agreements
under subsection (a) in accordance with existing law.
(d) Effect.--Nothing in this section--
(1) reduces or diminishes the authority of the
Secretary to manage land and resources under the
jurisdiction of the Secretary; or
(2) amends or modifies the application of any
existing law (including regulations) applicable to land
under the jurisdiction of the Secretary.
Subtitle C--Conservation
SEC. 231. DESIGNATION OF WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Black butte river wilderness.--Certain Federal
land managed by the Forest Service in the State,
comprising approximately 11,117 acres, as generally
depicted on the map entitled ``Black Butte River
Wilderness--Proposed'' and dated April 13, 2017, which
shall be known as the Black Butte River Wilderness.
(2) Chanchelulla wilderness additions.--Certain
Federal land managed by the Forest Service in the
State, comprising approximately 6,212 acres, as
generally depicted on the map entitled ``Chanchelulla
Wilderness Additions--Proposed'' and dated July 16,
2018, which is incorporated in, and considered to be a
part of, the Chanchelulla Wilderness, as designated by
section 101(a)(4) of the California Wilderness Act of
1984 (16 U.S.C. 1132 note; 98 Stat. 1619).
(3) Chinquapin wilderness.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 27,258 acres, as generally depicted on
the map entitled ``Chinquapin Wilderness--Proposed''
and dated January 15, 2020, which shall be known as the
Chinquapin Wilderness.
(4) Elkhorn ridge wilderness addition.--Certain
Federal land managed by the Bureau of Land Management
in the State, comprising approximately 37 acres, as
generally depicted on the map entitled ``Proposed
Elkhorn Ridge Wilderness Additions'' and dated October
24, 2019, which is incorporated in, and considered to
be a part of, the Elkhorn Ridge Wilderness, as
designated by section 6(d) of Public Law 109-362 (16
U.S.C. 1132 note; 120 Stat. 2070).
(5) English ridge wilderness.--Certain Federal land
managed by the Bureau of Land Management in the State,
comprising approximately 6,204 acres, as generally
depicted on the map entitled ``English Ridge
Wilderness--Proposed'' and dated March 29, 2019, which
shall be known as the English Ridge Wilderness.
(6) Headwaters forest wilderness.--Certain Federal
land managed by the Bureau of Land Management in the
State, comprising approximately 4,360 acres, as
generally depicted on the map entitled ``Headwaters
Forest Wilderness--Proposed'' and dated October 15,
2019, which shall be known as the Headwaters Forest
Wilderness.
(7) Mad river buttes wilderness.--Certain Federal
land managed by the Forest Service in the State,
comprising approximately 6,002 acres, as generally
depicted on the map entitled ``Mad River Buttes
Wilderness--Proposed'' and dated July 25, 2018, which
shall be known as the Mad River Buttes Wilderness.
(8) Mount lassic wilderness addition.--Certain
Federal land managed by the Forest Service in the
State, comprising approximately 1,292 acres, as
generally depicted on the map entitled ``Mount Lassic
Wilderness Additions--Proposed'' and dated February 23,
2017, which is incorporated in, and considered to be a
part of, the Mount Lassic Wilderness, as designated by
section 3(6) of Public Law 109-362 (16 U.S.C. 1132
note; 120 Stat. 2065).
(9) North fork eel wilderness addition.--Certain
Federal land managed by the Forest Service and the
Bureau of Land Management in the State, comprising
approximately 16,274 acres, as generally depicted on
the map entitled ``North Fork Wilderness Additions''
and dated January 15, 2020, which is incorporated in,
and considered to be a part of, the North Fork Eel
Wilderness, as designated by section 101(a)(19) of the
California Wilderness Act of 1984 (16 U.S.C. 1132 note;
98 Stat. 1621).
(10) Pattison wilderness.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 28,595 acres, as generally depicted on
the map entitled ``Pattison Wilderness--Proposed'' and
dated July 16, 2018, which shall be known as the
Pattison Wilderness.
(11) Sanhedrin wilderness addition.--Certain Federal
land managed by the Forest Service in the State,
comprising approximately 112 acres, as generally
depicted on the map entitled ``Sanhedrin Wilderness
Addition--Proposed'' and dated March 29, 2019, which is
incorporated in, and considered to be a part of, the
Sanhedrin Wilderness, as designated by section 3(2) of
Public Law 109-362 (16 U.S.C. 1132 note; 120 Stat.
2065).
(12) Siskiyou wilderness addition.--Certain Federal
land managed by the Forest Service in the State,
comprising approximately 27,747 acres, as generally
depicted on the map entitled ``Siskiyou Wilderness
Additions and Potential Wildernesses--Proposed'' and
dated July 24, 2018, which is incorporated in, and
considered to be a part of, the Siskiyou Wilderness, as
designated by section 101(a)(30) of the California
Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat.
1623) (as amended by section 3(5) of Public Law 109-362
(16 U.S.C. 1132 note; 120 Stat. 2065)).
(13) South fork eel river wilderness addition.--
Certain Federal land managed by the Bureau of Land
Management in the State, comprising approximately 603
acres, as generally depicted on the map entitled
``South Fork Eel River Wilderness Additions--Proposed''
and dated October 24, 2019, which is incorporated in,
and considered to be a part of, the South Fork Eel
River Wilderness, as designated by section 3(10) of
Public Law 109-362 (16 U.S.C. 1132 note; 120 Stat.
2066).
(14) South fork trinity river wilderness.--Certain
Federal land managed by the Forest Service in the
State, comprising approximately 26,446 acres, as
generally depicted on the map entitled ``South Fork
Trinity River Wilderness and Potential Wildernesses--
Proposed'' and dated March 11, 2019, which shall be
known as the South Fork Trinity River Wilderness.
(15) Trinity alps wilderness addition.--Certain
Federal land managed by the Forest Service in the
State, comprising approximately 60,826 acres, as
generally depicted on the maps entitled ``Trinity Alps
Proposed Wilderness Additions EAST'' and ``Trinity Alps
Proposed Wilderness Additions WEST'' and dated January
15, 2020, which is incorporated in, and considered to
be a part of, the Trinity Alps Wilderness, as
designated by section 101(a)(34) of the California
Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat.
1623) (as amended by section 3(7) of Public Law 109-362
(16 U.S.C. 1132 note; 120 Stat. 2065)).
(16) Underwood wilderness.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 15,069 acres, as generally depicted on
the map entitled ``Underwood Wilderness--Proposed'' and
dated January 15, 2020, which shall be known as the
Underwood Wilderness.
(17) Yolla bolly-middle eel wilderness additions.--
Certain Federal land managed by the Forest Service and
the Bureau of Land Management in the State, comprising
approximately 10,729 acres, as generally depicted on
the map entitled ``Yolla Bolly Middle Eel Wilderness
Additions and Potential Wildernesses--Proposed'' and
dated June 7, 2018, which is incorporated in, and
considered to be a part of, the Yolla Bolly-Middle Eel
Wilderness, as designated by section 3 of the
Wilderness Act (16 U.S.C. 1132) (as amended by section
3(4) of Public Law 109-362 (16 U.S.C. 1132 note; 120
Stat. 2065)).
(18) Yuki wilderness addition.--Certain Federal land
managed by the Forest Service and the Bureau of Land
Management in the State, comprising approximately
11,076 acres, as generally depicted on the map entitled
``Yuki Wilderness Additions--Proposed'' and dated
January 15, 2020, which is incorporated in, and
considered to be a part of, the Yuki Wilderness, as
designated by section 3(3) of Public Law 109-362 (16
U.S.C. 1132 note; 120 Stat. 2065).
(b) Redesignation of North Fork Wilderness as North Fork Eel
River Wilderness.--Section 101(a)(19) of Public Law 98-425 (16
U.S.C. 1132 note; 98 Stat. 1621) is amended by striking ``North
Fork Wilderness'' and inserting ``North Fork Eel River
Wilderness''. Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
North Fork Wilderness shall be deemed to be a reference to the
North Fork Eel River Wilderness.
(c) Elkhorn Ridge Wilderness Adjustments.--The boundary of
the Elkhorn Ridge Wilderness established by section 6(d) of
Public Law 109-362 (16 U.S.C. 1132 note) is adjusted by
deleting approximately 30 acres of Federal land as generally
depicted on the map entitled ``Proposed Elkhorn Ridge
Wilderness Additions'' and dated October 24, 2019.
SEC. 232. ADMINISTRATION OF WILDERNESS.
(a) In General.--Subject to valid existing rights, the
wilderness areas and wilderness additions established by
section 231 shall be administered by the Secretary in
accordance with this subtitle and the Wilderness Act (16 U.S.C.
1131 et seq.), except that--
(1) any reference in the Wilderness Act to the
effective date of that Act shall be considered to be a
reference to the date of enactment of this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to
the Secretary.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures
in a wilderness area or wilderness addition designated
by section 231 as are necessary for the control of
fire, insects, and diseases in accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1))
and House Report 98-40 of the 98th Congress.
(2) Funding priorities.--Nothing in this subtitle
limits funding for fire and fuels management in the
wilderness areas or wilderness additions designated by
this title.
(3) Administration.--Consistent with paragraph (1)
and other applicable Federal law, to ensure a timely
and efficient response to fire emergencies in the
wilderness additions designated by this subtitle, the
Secretary of Agriculture shall--
(A) not later than 1 year after the date of
enactment of this Act, establish agency
approval procedures (including appropriate
delegations of authority to the Forest
Supervisor, District Manager, or other agency
officials) for responding to fire emergencies;
and
(B) enter into agreements with appropriate
State or local firefighting agencies.
(c) Grazing.--The grazing of livestock in the wilderness
areas and wilderness additions designated by this title, if
established before the date of enactment of this Act, shall be
administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2)(A) for lands under the jurisdiction of the
Secretary of Agriculture, the guidelines set forth in
the report of the Committee on Interior and Insular
Affairs of the House of Representatives accompanying
H.R. 5487 of the 96th Congress (H. Rept. 96-617); or
(B) for lands under the jurisdiction of the Secretary
of the Interior, the guidelines set forth in Appendix A
of the report of the Committee on Interior and Insular
Affairs of the House of Representatives accompanying
H.R. 2570 of the 101st Congress (H. Rept. 101-405).
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7)
of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing
in this title affects the jurisdiction or
responsibilities of the State with respect to fish and
wildlife on public land in the State.
(2) Management activities.--In furtherance of the
purposes and principles of the Wilderness Act (16
U.S.C. 1131 et seq.), the Secretary may conduct any
management activities that are necessary to maintain or
restore fish, wildlife, and plant populations and
habitats in the wilderness areas or wilderness
additions designated by section 231, if the management
activities are--
(A) consistent with relevant wilderness
management plans; and
(B) conducted in accordance with--
(i) the Wilderness Act (16 U.S.C.
1131 et seq.); and
(ii) appropriate policies, such as
the policies established in Appendix B
of House Report 101-405.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for
designation of wilderness or wilderness additions by
this title to lead to the creation of protective
perimeters or buffer zones around each wilderness area
or wilderness addition.
(2) Activities or uses up to boundaries.--The fact
that nonwilderness activities or uses can be seen or
heard from within a wilderness area shall not, of
itself, preclude the activities or uses up to the
boundary of the wilderness area.
(f) Military Activities.--Nothing in this subtitle
precludes--
(1) low-level overflights of military aircraft over
the wilderness areas or wilderness additions designated
by section 231;
(2) the designation of new units of special airspace
over the wilderness areas or wilderness additions
designated by section 231; or
(3) the use or establishment of military flight
training routes over the wilderness areas or wilderness
additions designated by section 231.
(g) Horses.--Nothing in this subtitle precludes horseback
riding in, or the entry of recreational or commercial saddle or
pack stock into, an area designated as a wilderness area or
wilderness addition by section 231--
(1) in accordance with section 4(d)(5) of the
Wilderness Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to
be necessary by the Secretary.
(h) Withdrawal.--Subject to valid existing rights, the
wilderness areas and wilderness additions designated by section
231 are withdrawn from--
(1) all forms of entry, appropriation, and disposal
under the public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) operation of the mineral materials and geothermal
leasing laws.
(i) Use by Members of Indian Tribes.--
(1) Access.--In recognition of the past use of
wilderness areas and wilderness additions designated by
this title by members of Indian Tribes for traditional
cultural and religious purposes, the Secretary shall
ensure that Indian Tribes have access to the wilderness
areas and wilderness additions designated by section
231 for traditional cultural and religious purposes.
(2) Temporary closures.--
(A) In general.--In carrying out this
section, the Secretary, on request of an Indian
Tribe, may temporarily close to the general
public one or more specific portions of a
wilderness area or wilderness addition to
protect the privacy of the members of the
Indian Tribe in the conduct of the traditional
cultural and religious activities in the
wilderness area or wilderness addition.
(B) Requirement.--Any closure under
subparagraph (A) shall be made in such a manner
as to affect the smallest practicable area for
the minimum period of time necessary for the
activity to be carried out.
(3) Applicable law.--Access to the wilderness areas
and wilderness additions under this subsection shall be
in accordance with--
(A) Public Law 95-341 (commonly known as the
American Indian Religious Freedom Act) (42
U.S.C. 1996 et seq.); and
(B) the Wilderness Act (16 U.S.C. 1131 et
seq.).
(j) Incorporation of Acquired Land and Interests.--Any land
within the boundary of a wilderness area or wilderness addition
designated by section 231 that is acquired by the United States
shall--
(1) become part of the wilderness area in which the
land is located;
(2) be withdrawn in accordance with subsection (h);
and
(3) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(k) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such
terms and conditions as the Secretary may prescribe, the
Secretary may authorize the installation and maintenance of
hydrologic, meteorologic, or climatological collection devices
in the wilderness areas and wilderness additions designated by
section 231 if the Secretary determines that the facilities and
access to the facilities are essential to flood warning, flood
control, or water reservoir operation activities.
(l) Authorized Events.--The Secretary may continue to
authorize the competitive equestrian event permitted since 2012
in the Chinquapin Wilderness established by section 231 in a
manner compatible with the preservation of the area as
wilderness.
(m) Recreational Climbing.--Nothing in this title prohibits
recreational rock climbing activities in the wilderness areas,
such as the placement, use, and maintenance of fixed anchors,
including any fixed anchor established before the date of the
enactment of this Act--
(1) in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.); and
(2) subject to any terms and conditions determined to
be necessary by the Secretary.
SEC. 233. DESIGNATION OF POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in
the State are designated as potential wilderness areas:
(1) Certain Federal land managed by the Forest
Service, comprising approximately 3,797 acres, as
generally depicted on the map entitled ``Chinquapin
Proposed Potential Wilderness'' and dated January 15,
2020.
(2) Certain Federal land administered by the National
Park Service, compromising approximately 31,000 acres,
as generally depicted on the map entitled ``Redwood
National Park--Potential Wilderness'' and dated October
9, 2019.
(3) Certain Federal land managed by the Forest
Service, comprising approximately 8,961 acres, as
generally depicted on the map entitled ``Siskiyou
Wilderness Additions and Potential Wildernesses--
Proposed'' and dated July 24, 2018.
(4) Certain Federal land managed by the Forest
Service, comprising approximately 405 acres, as
generally depicted on the map entitled ``South Fork
Trinity River Wilderness and Potential Wildernesses--
Proposed'' and dated March 11, 2019.
(5) Certain Federal land managed by the Forest
Service, comprising approximately 1,256 acres, as
generally depicted on the map entitled ``Trinity Alps
Proposed Potential Wilderness'' and dated January 15,
2020.
(6) Certain Federal land managed by the Forest
Service, comprising approximately 4,282 acres, as
generally depicted on the map entitled ``Yolla Bolly
Middle Eel Wilderness Additions and Potential
Wildernesses--Proposed'' and dated June 7, 2018.
(7) Certain Federal land managed by the Forest
Service, comprising approximately 2,909 acres, as
generally depicted on the map entitled ``Yuki Proposed
Potential Wilderness'' and dated January 15, 2020.
(b) Management.--Except as provided in subsection (c) and
subject to valid existing rights, the Secretary shall manage
the potential wilderness areas designated by subsection (a)
(referred to in this section as ``potential wilderness areas'')
as wilderness until the potential wilderness areas are
designated as wilderness under subsection (d).
(c) Ecological Restoration.--
(1) In general.--For purposes of ecological
restoration (including the elimination of nonnative
species, removal of illegal, unused, or decommissioned
roads, repair of skid tracks, and any other activities
necessary to restore the natural ecosystems in a
potential wilderness area and consistent with paragraph
(2)), the Secretary may use motorized equipment and
mechanized transport in a potential wilderness area
until the potential wilderness area is designated as
wilderness under subsection (d).
(2) Limitation.--To the maximum extent practicable,
the Secretary shall use the minimum tool or
administrative practice necessary to accomplish
ecological restoration with the least amount of adverse
impact on wilderness character and resources.
(d) Eventual Wilderness Designation.--The potential
wilderness areas shall be designated as wilderness and as a
component of the National Wilderness Preservation System on the
earlier of--
(1) the date on which the Secretary publishes in the
Federal Register notice that the conditions in a
potential wilderness area that are incompatible with
the Wilderness Act (16 U.S.C. 1131 et seq.) have been
removed; or
(2) the date that is 10 years after the date of
enactment of this Act for potential wilderness areas
located on lands managed by the Forest Service.
(e) Administration as Wilderness.--
(1) In general.--On its designation as wilderness
under subsection (d), a potential wilderness area shall
be administered in accordance with section 232 and the
Wilderness Act (16 U.S.C. 1131 et seq.).
(2) Designation.--On its designation as wilderness
under subsection (d)--
(A) the land described in subsection (a)(1)
shall be incorporated in, and considered to be
a part of, the Chinquapin Wilderness
established by section 231(a)(3);
(B) the land described in subsection (a)(3)
shall be incorporated in, and considered to be
a part of, the Siskiyou Wilderness as
designated by section 231(a)(30) of the
California Wilderness Act of 1984 (16 U.S.C.
1132 note; 98 Stat. 1623) (as amended by
section 3(5) of Public Law 109-362 (16 U.S.C.
1132 note; 120 Stat. 2065) and expanded by
section 231(a)(12));
(C) the land described in subsection (a)(4)
shall be incorporated in, and considered to be
a part of, the South Fork Trinity River
Wilderness established by section 231(a)(14);
(D) the land described in subsection (a)(5)
shall be incorporated in, and considered to be
a part of, the Trinity Alps Wilderness as
designated by section 101(a)(34) of the
California Wilderness Act of 1984 (16 U.S.C.
1132 note; 98 Stat. 1623) (as amended by
section 3(7) of Public Law 109-362 (16 U.S.C.
1132 note; 120 Stat. 2065) and expanded by
section 231(a)(15));
(E) the land described in subsection (a)(6)
shall be incorporated in, and considered to be
a part of, the Yolla Bolly-Middle Eel
Wilderness as designated by section 3 of the
Wilderness Act (16 U.S.C. 1132) (as amended by
section 3(4) of Public Law 109-362 (16 U.S.C.
1132 note; 120 Stat. 2065) and expanded by
section 231(a)(17)); and
(F) the land described in subsection (a)(7)
shall be incorporated in, and considered to be
a part of, the Yuki Wilderness as designated by
section 3(3) of Public Law 109-362 (16 U.S.C.
1132 note; 120 Stat. 2065) and expanded by
section 231(a)(18).
(f) Report.--Within 3 years after the date of enactment of
this Act, and every 3 years thereafter until the date upon
which the potential wilderness is designated wilderness under
subsection (d), the Secretary shall submit a report to the
Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
on the status of ecological restoration within the potential
wilderness area and the progress toward the potential
wilderness area's eventual wilderness designation under
subsection (d).
SEC. 234. DESIGNATION OF WILD AND SCENIC RIVERS.
Section 3(a) of the National Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended by adding at the end the following:
``(231) South fork trinity river.--The following
segments from the source tributaries in the Yolla
Bolly-Middle Eel Wilderness, to be administered by the
Secretary of Agriculture:
``(A) The 18.3-mile segment from its multiple
source springs in the Cedar Basin of the Yolla
Bolly-Middle Eel Wilderness in section 15, T.
27 N., R. 10 W. to .25 miles upstream of the
Wild Mad Road, as a wild river.
``(B) The .65-mile segment from .25 miles
upstream of Wild Mad Road to the confluence
with the unnamed tributary approximately .4
miles downstream of the Wild Mad Road in
section 29, T. 28 N., R. 11 W., as a scenic
river.
``(C) The 9.8-mile segment from .75 miles
downstream of Wild Mad Road to Silver Creek, as
a wild river.
``(D) The 5.4-mile segment from Silver Creek
confluence to Farley Creek, as a scenic river.
``(E) The 3.6-mile segment from Farley Creek
to Cave Creek, as a recreational river.
``(F) The 5.6-mile segment from Cave Creek to
the confluence of the unnamed creek upstream of
Hidden Valley Ranch in section 5, T. 15, R. 7
E., as a wild river.
``(G) The 2.5-mile segment from unnamed creek
confluence upstream of Hidden Valley Ranch to
the confluence with the unnamed creek flowing
west from Bear Wallow Mountain in section 29,
T. 1 N., R. 7 E., as a scenic river.
``(H) The 3.8-mile segment from the unnamed
creek confluence in section 29, T. 1 N., R. 7
E. to Plummer Creek, as a wild river.
``(I) The 1.8-mile segment from Plummer Creek
to the confluence with the unnamed tributary
north of McClellan Place in section 6, T. 1 N.,
R. 7 E., as a scenic river.
``(J) The 5.4-mile segment from the unnamed
tributary confluence in section 6, T. 1 N., R.
7 E. to Hitchcock Creek, as a wild river.
``(K) The 7-mile segment from Eltapom Creek
to the Grouse Creek, as a scenic river.
``(L) The 5-mile segment from Grouse Creek to
Coon Creek, as a wild river.
``(232) East fork south fork trinity river.--The
following segments to be administered by the Secretary
of Agriculture:
``(A) The 8.4-mile segment from its source in
the Pettijohn Basin in the Yolla Bolly-Middle
Eel Wilderness in section 10, T. 3 S., R. 10 W.
to .25 miles upstream of the Wild Mad Road, as
a wild river.
``(B) The 3.4-mile segment from .25 miles
upstream of the Wild Mad Road to the South Fork
Trinity River, as a recreational river.
``(233) Rattlesnake creek.--The 5.9-mile segment from
the confluence with the unnamed tributary in the
southeast corner of section 5, T. 1 S., R. 12 W. to the
South Fork Trinity River, to be administered by the
Secretary of Agriculture as a recreational river.
``(234) Butter creek.--The 7-mile segment from .25
miles downstream of the Road 3N08 crossing to the South
Fork Trinity River, to be administered by the Secretary
of Agriculture as a scenic river.
``(235) Hayfork creek.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 3.2-mile segment from Little Creek
to Bear Creek, as a recreational river.
``(B) The 13.2-mile segment from Bear Creek
to the northern boundary of section 19, T. 3
N., R. 7 E., as a scenic river.
``(236) Olsen creek.--The 2.8-mile segment from the
confluence of its source tributaries in section 5, T. 3
N., R. 7 E. to the northern boundary of section 24, T.
3 N., R. 6 E., to be administered by the Secretary of
the Interior as a scenic river.
``(237) Rusch creek.--The 3.2-mile segment from .25
miles downstream of the 32N11 Road crossing to Hayfork
Creek, to be administered by the Secretary of
Agriculture as a recreational river.
``(238) Eltapom creek.--The 3.4-mile segment from
Buckhorn Creek to the South Fork Trinity River, to be
administered by the Secretary of Agriculture as a wild
river.
``(239) Grouse creek.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 3.9-mile segment from Carson Creek
to Cow Creek, as a scenic river.
``(B) The 7.4-mile segment from Cow Creek to
the South Fork Trinity River, as a recreational
river.
``(240) Madden creek.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 6.8-mile segment from the
confluence of Madden Creek and its unnamed
tributary in section 18, T. 5 N., R. 5 E. to
Fourmile Creek, as a wild river.
``(B) The 1.6-mile segment from Fourmile
Creek to the South Fork Trinity River, as a
recreational river.
``(241) Canyon creek.--The following segments to be
administered by the Secretary of Agriculture and the
Secretary of the Interior:
``(A) The 6.6-mile segment from the outlet of
lower Canyon Creek Lake to Bear Creek upstream
of Ripstein, as a wild river.
``(B) The 11.2-mile segment from Bear Creek
upstream of Ripstein to the southern boundary
of section 25, T. 34 N., R. 11 W., as a
recreational river.
``(242) North fork trinity river.--The following
segments to be administered by the Secretary of
Agriculture:
``(A) The 12-mile segment from the confluence
of source tributaries in section 24, T. 8 N.,
R. 12 W. to the Trinity Alps Wilderness
boundary upstream of Hobo Gulch, as a wild
river.
``(B) The .5-mile segment from where the
river leaves the Trinity Alps Wilderness to
where it fully reenters the Trinity Alps
Wilderness downstream of Hobo Gulch, as a
scenic river.
``(C) The 13.9-mile segment from where the
river fully reenters the Trinity Alps
Wilderness downstream of Hobo Gulch to the
Trinity Alps Wilderness boundary upstream of
the County Road 421 crossing, as a wild river.
``(D) The 1.3-mile segment from the Trinity
Alps Wilderness boundary upstream of the County
Road 421 crossing to the Trinity River, as a
recreational river.
``(243) East fork north fork trinity river.--The
following segments to be administered by the Secretary
of Agriculture:
``(A) The 9.5-mile segment from the river's
source north of Mt. Hilton in section 19, T. 36
N., R. 10 W. to the end of Road 35N20
approximately .5 miles downstream of the
confluence with the East Branch East Fork North
Fork Trinity River, as a wild river.
``(B) The 3.25-mile segment from the end of
Road 35N20 to .25 miles upstream of Coleridge,
as a scenic river.
``(C) The 4.6-mile segment from .25 miles
upstream of Coleridge to the confluence of Fox
Gulch, as a recreational river.
``(244) New river.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 12.7-mile segment of Virgin Creek
from its source spring in section 22, T. 9 N.,
R. 7 E. to Slide Creek, as a wild river.
``(B) The 2.3-mile segment of the New River
where it begins at the confluence of Virgin and
Slide Creeks to Barron Creek, as a wild river.
``(245) Middle eel river.--The following segment, to
be administered by the Secretary of Agriculture:
``(A) The 37.7-mile segment from its source
in Frying Pan Meadow to Rose Creek, as a wild
river.
``(B) The 1.5-mile segment from Rose Creek to
the Black Butte River, as a recreational river.
``(C) The 10.5-mile segment of Balm of Gilead
Creek from its source in Hopkins Hollow to the
Middle Eel River, as a wild river.
``(D) The 13-mile segment of the North Fork
Middle Fork Eel River from the source on Dead
Puppy Ridge in section 11, T. 26 N., R. 11 W.
to the confluence of the Middle Eel River, as a
wild river.
``(246) North fork eel river, ca.--The 14.3-mile
segment from the confluence with Gilman Creek to the
Six Rivers National Forest boundary, to be administered
by the Secretary of Agriculture as a wild river.
``(247) Red mountain creek, ca.--The following
segments to be administered by the Secretary of
Agriculture:
``(A) The 5.25-mile segment from its source
west of Mike's Rock in section 23, T. 26 N., R.
12 E. to the confluence with Littlefield Creek,
as a wild river.
``(B) The 1.6-mile segment from the
confluence with Littlefield Creek to the
confluence with the unnamed tributary in
section 32, T. 26 N., R. 8 E., as a scenic
river.
``(C) The 1.25-mile segment from the
confluence with the unnamed tributary in
section 32, T. 4 S., R. 8 E. to the confluence
with the North Fork Eel River, as a wild river.
``(248) Redwood creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 6.2-mile segment from the
confluence with Lacks Creek to the confluence
with Coyote Creek as a scenic river on
publication by the Secretary of a notice in the
Federal Register that sufficient inholdings
within the boundaries of the segments have been
acquired in fee title to establish a manageable
addition to the system.
``(B) The 19.1-mile segment from the
confluence with Coyote Creek in section 2, T. 8
N., R. 2 E. to the Redwood National Park
boundary upstream of Orick in section 34, T. 11
N., R. 1 E. as a scenic river.
``(C) The 2.3-mile segment of Emerald Creek
(also known as Harry Weir Creek) from its
source in section 29, T. 10 N., R. 2 E. to the
confluence with Redwood Creek as a scenic
river.
``(249) Lacks creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 5.1-mile segment from the
confluence with two unnamed tributaries in
section 14, T. 7 N., R. 3 E. to Kings Crossing
in section 27, T. 8 N., R. 3 E. as a wild
river.
``(B) The 2.7-mile segment from Kings
Crossing to the confluence with Redwood Creek
as a scenic river upon publication by the
Secretary of a notice in the Federal Register
that sufficient inholdings within the segment
have been acquired in fee title or as scenic
easements to establish a manageable addition to
the system.
``(250) Lost man creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 6.4-mile segment of Lost Man Creek
from its source in section 5, T. 10 N., R. 2 E.
to .25 miles upstream of the Prairie Creek
confluence, as a recreational river.
``(B) The 2.3-mile segment of Larry Damm
Creek from its source in section 8, T. 11 N.,
R. 2 E. to the confluence with Lost Man Creek,
as a recreational river.
``(251) Little lost man creek.--The 3.6-mile segment
of Little Lost Man Creek from its source in section 6,
T. 10 N., R. 2 E. to .25 miles upstream of the Lost Man
Creek road crossing, to be administered by the
Secretary of the Interior as a wild river.
``(252) South fork elk river.--The following segments
to be administered by the Secretary of the Interior
through a cooperative management agreement with the
State of California:
``(A) The 3.6-mile segment of the Little
South Fork Elk River from the source in section
21, T. 3 N., R. 1 E. to the confluence with the
South Fork Elk River, as a wild river.
``(B) The 2.2-mile segment of the unnamed
tributary of the Little South Fork Elk River
from its source in section 15, T. 3 N., R. 1 E.
to the confluence with the Little South Fork
Elk River, as a wild river.
``(C) The 3.6-mile segment of the South Fork
Elk River from the confluence of the Little
South Fork Elk River to the confluence with Tom
Gulch, as a recreational river.
``(253) Salmon creek.--The 4.6-mile segment from its
source in section 27, T. 3 N., R. 1 E. to the
Headwaters Forest Reserve boundary in section 18, T. 3
N., R. 1 E. to be administered by the Secretary of the
Interior as a wild river through a cooperative
management agreement with the State of California.
``(254) South fork eel river.--The following segments
to be administered by the Secretary of the Interior:
``(A) The 6.2-mile segment from the
confluence with Jack of Hearts Creek to the
southern boundary of the South Fork Eel
Wilderness in section 8, T. 22 N., R. 16 W., as
a recreational river to be administered by the
Secretary through a cooperative management
agreement with the State of California.
``(B) The 6.1-mile segment from the southern
boundary of the South Fork Eel Wilderness to
the northern boundary of the South Fork Eel
Wilderness in section 29, T. 23 N., R. 16 W.,
as a wild river.
``(255) Elder creek.--The following segments to be
administered by the Secretary of the Interior through a
cooperative management agreement with the State of
California:
``(A) The 3.6-mile segment from its source
north of Signal Peak in section 6, T. 21 N., R.
15 W. to the confluence with the unnamed
tributary near the center of section 28, T. 22
N., R. 16 W., as a wild river.
``(B) The 1.3-mile segment from the
confluence with the unnamed tributary near the
center of section 28, T. 22 N., R. 15 W. to the
confluence with the South Fork Eel River, as a
recreational river.
``(C) The 2.1-mile segment of Paralyze Canyon
from its source south of Signal Peak in section
7, T. 21 N., R. 15 W. to the confluence with
Elder Creek, as a wild river.
``(256) Cedar creek.--The following segments to be
administered as a wild river by the Secretary of the
Interior:
``(A) The 7.7-mile segment from its source in
section 22, T. 24 N., R. 16 W. to the southern
boundary of the Red Mountain unit of the South
Fork Eel Wilderness.
``(B) The 1.9-mile segment of North Fork
Cedar Creek from its source in section 28, T.
24 N., R. 16 E. to the confluence with Cedar
Creek.
``(257) East branch south fork eel river.--The
following segments to be administered by the Secretary
of the Interior as a scenic river on publication by the
Secretary of a notice in the Federal Register that
sufficient inholdings within the boundaries of the
segments have been acquired in fee title or as scenic
easements to establish a manageable addition to the
system:
``(A) The 2.3-mile segment of Cruso Cabin
Creek from the confluence of two unnamed
tributaries in section 18, T. 24 N., R. 15 W.
to the confluence with Elkhorn Creek.
``(B) The 1.8-mile segment of Elkhorn Creek
from the confluence of two unnamed tributaries
in section 22, T. 24 N., R. 16 W. to the
confluence with Cruso Cabin Creek.
``(C) The 14.2-mile segment of the East
Branch South Fork Eel River from the confluence
of Cruso Cabin and Elkhorn Creeks to the
confluence with Rays Creek.
``(D) The 1.7-mile segment of the unnamed
tributary from its source on the north flank of
Red Mountain's north ridge in section 2, T. 24
N., R. 17 W. to the confluence with the East
Branch South Fork Eel River.
``(E) The 1.3-mile segment of the unnamed
tributary from its source on the north flank of
Red Mountain's north ridge in section 1, T. 24
N., R. 17 W. to the confluence with the East
Branch South Fork Eel River.
``(F) The 1.8-mile segment of Tom Long Creek
from the confluence with the unnamed tributary
in section 12, T. 5 S., R. 4 E. to the
confluence with the East Branch South Fork Eel
River.
``(258) Mattole river estuary.--The 1.5-mile segment
from the confluence of Stansberry Creek to the Pacific
Ocean, to be administered as a recreational river by
the Secretary of the Interior.
``(259) Honeydew creek.--The following segments to be
administered as a wild river by the Secretary of the
Interior:
``(A) The 5.1-mile segment of Honeydew Creek
from its source in the southwest corner of
section 25, T. 3 S., R. 1 W. to the eastern
boundary of the King Range National
Conservation Area in section 18, T. 3 S., R. 1
E.
``(B) The 2.8-mile segment of West Fork
Honeydew Creek from its source west of North
Slide Peak to the confluence with Honeydew
Creek.
``(C) The 2.7-mile segment of Upper East Fork
Honeydew Creek from its source in section 23,
T. 3 S., R. 1 W. to the confluence with
Honeydew Creek.
``(260) Bear creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 1.9-mile segment of North Fork Bear
Creek from the confluence with the unnamed
tributary immediately downstream of the Horse
Mountain Road crossing to the confluence with
the South Fork, as a scenic river.
``(B) The 6.1-mile segment of South Fork Bear
Creek from the confluence in section 2, T. 5
S., R. 1 W. with the unnamed tributary flowing
from the southwest flank of Queen Peak to the
confluence with the North Fork, as a scenic
river.
``(C) The 3-mile segment of Bear Creek from
the confluence of the North and South Forks to
the southern boundary of section 11, T. 4 S.,
R. 1 E., as a wild river.
``(261) Gitchell creek.--The 3-mile segment of
Gitchell Creek from its source near Saddle Mountain to
the Pacific Ocean to be administered by the Secretary
of the Interior as a wild river.
``(262) Big flat creek.--The following segments to be
administered by the Secretary of the Interior as a wild
river:
``(A) The 4-mile segment of Big Flat Creek
from its source near King Peak in section 36,
T. 3 S., R. 1 W. to the Pacific Ocean.
``(B) The .8-mile segment of the unnamed
tributary from its source in section 35, T. 3
S., R. 1 W. to the confluence with Big Flat
Creek.
``(C) The 2.7-mile segment of North Fork Big
Flat Creek from the source in section 34, T. 3
S., R. 1 W. to the confluence with Big Flat
Creek.
``(263) Big creek.--The following segments to be
administered by the Secretary of the Interior as wild
rivers:
``(A) The 2.7-mile segment of Big Creek from
its source in section 26, T. 3 S., R. 1 W. to
the Pacific Ocean.
``(B) The 1.9-mile unnamed southern tributary
from its source in section 25, T. 3 S., R. 1 W.
to the confluence with Big Creek.
``(264) Elk creek.--The 11.4-mile segment from its
confluence with Lookout Creek to its confluence with
Deep Hole Creek, to be jointly administered by the
Secretaries of Agriculture and the Interior, as a wild
river.
``(265) Eden creek.--The 2.7-mile segment from the
private property boundary in the northwest quarter of
section 27, T. 21 N., R. 12 W. to the eastern boundary
of section 23, T. 21 N., R. 12 W., to be administered
by the Secretary of the Interior as a wild river.
``(266) Deep hole creek.--The 4.3-mile segment from
the private property boundary in the southwest quarter
of section 13, T. 20 N., R. 12 W. to the confluence
with Elk Creek, to be administered by the Secretary of
the Interior as a wild river.
``(267) Indian creek.--The 3.3-mile segment from 300
feet downstream of the jeep trail in section 13, T. 20
N., R. 13 W. to the confluence with the Eel River, to
be administered by the Secretary of the Interior as a
wild river.
``(268) Fish creek.--The 4.2-mile segment from the
source at Buckhorn Spring to the confluence with the
Eel River, to be administered by the Secretary of the
Interior as a wild river.''.
SEC. 235. SANHEDRIN SPECIAL CONSERVATION MANAGEMENT AREA.
(a) Establishment.--Subject to valid existing rights, there
is established the Sanhedrin Special Conservation Management
Area (referred to in this section as the ``conservation
management area''), comprising approximately 14,177 acres of
Federal land administered by the Forest Service in Mendocino
County, California, as generally depicted on the map entitled
``Sanhedrin Special Conservation Management Area--Proposed''
and dated April 12, 2017.
(b) Purposes.--The purposes of the conservation management
area are to--
(1) conserve, protect, and enhance for the benefit
and enjoyment of present and future generations the
ecological, scenic, wildlife, recreational, roadless,
cultural, historical, natural, educational, and
scientific resources of the conservation management
area;
(2) protect and restore late-successional forest
structure, oak woodlands and grasslands, aquatic
habitat, and anadromous fisheries within the
conservation management area;
(3) protect and restore the wilderness character of
the conservation management area; and
(4) allow visitors to enjoy the scenic, natural,
cultural, and wildlife values of the conservation
management area.
(c) Management.--
(1) In general.--The Secretary shall manage the
conservation management area--
(A) in a manner consistent with the purposes
described in subsection (b); and
(B) in accordance with--
(i) the laws (including regulations)
generally applicable to the National
Forest System;
(ii) this section; and
(iii) any other applicable law
(including regulations).
(2) Uses.--The Secretary shall only allow uses of the
conservation management area that the Secretary
determines would further the purposes described in
subsection (b).
(d) Motorized Vehicles.--
(1) In general.--Except as provided in paragraph (3),
the use of motorized vehicles in the conservation
management area shall be permitted only on existing
roads, trails, and areas designated for use by such
vehicles as of the date of enactment of this Act.
(2) New or temporary roads.--Except as provided in
paragraph (3), no new or temporary roads shall be
constructed within the conservation management area.
(3) Exception.--Nothing in paragraph (1) or (2)
prevents the Secretary from--
(A) rerouting or closing an existing road or
trail to protect natural resources from
degradation, or to protect public safety, as
determined to be appropriate by the Secretary;
(B) designating routes of travel on lands
acquired by the Secretary and incorporated into
the conservation management area if the
designations are--
(i) consistent with the purposes
described in subsection (b); and
(ii) completed, to the maximum extent
practicable, within 3 years of the date
of acquisition;
(C) constructing a temporary road on which
motorized vehicles are permitted as part of a
vegetation management project carried out in
accordance with subsection (e);
(D) authorizing the use of motorized vehicles
for administrative purposes; or
(E) responding to an emergency.
(4) Decommissioning of temporary roads.--
(A) Requirement.--The Secretary shall
decommission any temporary road constructed
under paragraph (3)(C) not later than 3 years
after the date on which the applicable
vegetation management project is completed.
(B) Definition.--As used in subparagraph (A),
the term ``decommission'' means--
(i) to reestablish vegetation on a
road; and
(ii) to restore any natural drainage,
watershed function, or other ecological
processes that are disrupted or
adversely impacted by the road by
removing or hydrologically
disconnecting the road prism.
(e) Timber Harvest.--
(1) In general.--Except as provided in paragraph (2),
no harvesting of timber shall be allowed within the
conservation management area.
(2) Exceptions.--The Secretary may authorize
harvesting of timber in the conservation management
area--
(A) if the Secretary determines that the
harvesting is necessary to further the purposes
of the conservation management area;
(B) in a manner consistent with the purposes
described in subsection (b); and
(C) subject to--
(i) such reasonable regulations,
policies, and practices as the
Secretary determines appropriate; and
(ii) all applicable laws (including
regulations).
(f) Grazing.--The grazing of livestock in the conservation
management area, where established before the date of enactment
of this Act, shall be permitted to continue--
(1) subject to--
(A) such reasonable regulations, policies,
and practices as the Secretary considers
necessary; and
(B) applicable law (including regulations);
and
(2) in a manner consistent with the purposes
described in subsection (b).
(g) Wildfire, Insect, and Disease Management.--Consistent
with this section, the Secretary may take any measures within
the conservation management area that the Secretary determines
to be necessary to control fire, insects, and diseases,
including the coordination of those activities with a State or
local agency.
(h) Acquisition and Incorporation of Land and Interests in
Land.--
(1) Acquisition authority.--In accordance with
applicable laws (including regulations), the Secretary
may acquire any land or interest in land within or
adjacent to the boundaries of the conservation
management area by purchase from willing sellers,
donation, or exchange.
(2) Incorporation.--Any land or interest in land
acquired by the Secretary under paragraph (1) shall
be--
(A) incorporated into, and administered as
part of, the conservation management area; and
(B) withdrawn in accordance with subsection
(i).
(i) Withdrawal.--Subject to valid existing rights, all
Federal land located in the conservation management area is
withdrawn from--
(1) all forms of entry, appropriation, and disposal
under the public land laws;
(2) location, entry, and patenting under the mining
laws; and
(3) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
Subtitle D--Miscellaneous
SEC. 241. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare maps and
legal descriptions of the--
(1) wilderness areas and wilderness additions
designated by section 231;
(2) potential wilderness areas designated by section
233;
(3) South Fork Trinity-Mad River Restoration Area;
(4) Horse Mountain Special Management Area; and
(5) Sanhedrin Special Conservation Management Area.
(b) Submission of Maps and Legal Descriptions.--The Secretary
shall file the maps and legal descriptions prepared under
subsection (a) with--
(1) the Committee on Natural Resources of the House
of Representatives; and
(2) the Committee on Energy and Natural Resources of
the Senate.
(c) Force of Law.--The maps and legal descriptions prepared
under subsection (a) shall have the same force and effect as if
included in this title, except that the Secretary may correct
any clerical and typographical errors in the maps and legal
descriptions.
(d) Public Availability.--The maps and legal descriptions
prepared under subsection (a) shall be on file and available
for public inspection in the appropriate offices of the Forest
Service, Bureau of Land Management, and National Park Service.
SEC. 242. UPDATES TO LAND AND RESOURCE MANAGEMENT PLANS.
As soon as practicable, in accordance with applicable laws
(including regulations), the Secretary shall incorporate the
designations and studies required by this title into updated
management plans for units covered by this title.
SEC. 243. PACIFIC GAS AND ELECTRIC COMPANY UTILITY FACILITIES AND
RIGHTS-OF-WAY.
(a) Effect of Act.--Nothing in this title--
(1) affects any validly issued right-of-way for the
customary operation, maintenance, upgrade, repair,
relocation within an existing right-of-way,
replacement, or other authorized activity (including
the use of any mechanized vehicle, helicopter, and
other aerial device) in a right-of-way acquired by or
issued, granted, or permitted to Pacific Gas and
Electric Company (including any predecessor or
successor in interest or assign) that is located on
land included in the South Fork Trinity--Mad River
Restoration Area, Bigfoot National Recreation Trail,
Sanhedrin Special Conservation Management Area, and
Horse Mountain Special Management Area; or
(2) prohibits the upgrading or replacement of any--
(A) utility facilities of the Pacific Gas and
Electric Company, including those utility
facilities known on the date of enactment of
this Act within the--
(i) South Fork Trinity--Mad River
Restoration Area known as--
(I) Gas Transmission Line
177A or rights-of-way;
(II) Gas Transmission Line
DFM 1312-02 or rights-of-way;
(III) Electric Transmission
Line Bridgeville--Cottonwood
115 kV or rights-of-way;
(IV) Electric Transmission
Line Humboldt--Trinity 60 kV or
rights-of-way;
(V) Electric Transmission
Line Humboldt--Trinity 115 kV
or rights-of-way;
(VI) Electric Transmission
Line Maple Creek--Hoopa 60 kV
or rights-of-way;
(VII) Electric Distribution
Line--Willow Creek 1101 12 kV
or rights-of-way;
(VIII) Electric Distribution
Line--Willow Creek 1103 12 kV
or rights-of-way;
(IX) Electric Distribution
Line--Low Gap 1101 12 kV or
rights-of-way;
(X) Electric Distribution
Line--Fort Seward 1121 12 kV or
rights-of-way;
(XI) Forest Glen Border
District Regulator Station or
rights-of-way;
(XII) Durret District Gas
Regulator Station or rights-of-
way;
(XIII) Gas Distribution Line
4269C or rights-of-way;
(XIV) Gas Distribution Line
43991 or rights-of-way;
(XV) Gas Distribution Line
4993D or rights-of-way;
(XVI) Sportsmans Club
District Gas Regulator Station
or rights-of-way;
(XVII) Highway 36 and Zenia
District Gas Regulator Station
or rights-of-way;
(XVIII) Dinsmore Lodge 2nd
Stage Gas Regulator Station or
rights-of-way;
(XIX) Electric Distribution
Line--Wildwood 1101 12kV or
rights-of-way;
(XX) Low Gap Substation;
(XXI) Hyampom Switching
Station; or
(XXII) Wildwood Substation;
(ii) Bigfoot National Recreation
Trail known as--
(I) Gas Transmission Line
177A or rights-of-way;
(II) Electric Transmission
Line Humboldt--Trinity 115 kV
or rights-of-way;
(III) Electric Transmission
Line Bridgeville--Cottonwood
115 kV or rights-of-way; or
(IV) Electric Transmission
Line Humboldt--Trinity 60 kV or
rights-of-way;
(iii) Sanhedrin Special Conservation
Management Area known as, Electric
Distribution Line--Willits 1103 12 kV
or rights-of-way; or
(iv) Horse Mountain Special
Management Area known as, Electric
Distribution Line Willow Creek 1101 12
kV or rights-of-way; or
(B) utility facilities of the Pacific Gas and
Electric Company in rights-of-way issued,
granted, or permitted by the Secretary adjacent
to a utility facility referred to in paragraph
(1).
(b) Plans for Access.--Not later than 1 year after the date
of enactment of this subtitle or the issuance of a new utility
facility right-of-way within the South Fork Trinity--Mad River
Restoration Area, Bigfoot National Recreation Trail, Sanhedrin
Special Conservation Management Area, and Horse Mountain
Special Management Area, whichever is later, the Secretary, in
consultation with the Pacific Gas and Electric Company, shall
publish plans for regular and emergency access by the Pacific
Gas and Electric Company to the rights-of-way of the Pacific
Gas and Electric Company.
TITLE III--CENTRAL COAST HERITAGE PROTECTION
SEC. 301. SHORT TITLE.
This title may be cited as the ``Central Coast Heritage
Protection Act''.
SEC. 302. DEFINITIONS.
In this title:
(1) Scenic areas.--The term ``scenic area'' means a
scenic area designated by section 308(a).
(2) Secretary.--The term ``Secretary'' means--
(A) with respect to land managed by the
Bureau of Land Management, the Secretary of the
Interior; and
(B) with respect to land managed by the
Forest Service, the Secretary of Agriculture.
(3) State.--The term ``State'' means the State of
California.
(4) Wilderness area.--The term ``wilderness area''
means a wilderness area or wilderness addition
designated by section 303(a).
SEC. 303. DESIGNATION OF WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Certain land in the Bakersfield Field Office of
the Bureau of Land Management comprising approximately
35,116 acres, as generally depicted on the map entitled
``Proposed Caliente Mountain Wilderness'' and dated
November 13, 2019, which shall be known as the
``Caliente Mountain Wilderness''.
(2) Certain land in the Bakersfield Field Office of
the Bureau of Land Management comprising approximately
13,332 acres, as generally depicted on the map entitled
``Proposed Soda Lake Wilderness'' and dated June 25,
2019, which shall be known as the ``Soda Lake
Wilderness''.
(3) Certain land in the Bakersfield Field Office of
the Bureau of Land Management comprising approximately
12,585 acres, as generally depicted on the map entitled
``Proposed Temblor Range Wilderness'' and dated June
25, 2019, which shall be known as the ``Temblor Range
Wilderness''.
(4) Certain land in the Los Padres National Forest
comprising approximately 23,670 acres, as generally
depicted on the map entitled ``Chumash Wilderness Area
Additions--Proposed'' and dated March 29, 2019, which
shall be incorporated into and managed as part of the
Chumash Wilderness as designated by the Los Padres
Condor Range and River Protection Act (Public Law 102-
301; 106 Stat. 242).
(5) Certain land in the Los Padres National Forest
comprising approximately 54,036 acres, as generally
depicted on the maps entitled ``Dick Smith Wilderness
Area Additions--Proposed Map 1 of 2 (Bear Canyon and
Cuyama Peak Units)'' and ``Dick Smith Wilderness Area
Additions--Proposed Map 2 of 2 (Buckhorn and Mono
Units)'' and dated November 14, 2019, which shall be
incorporated into and managed as part of the Dick Smith
Wilderness as designated by the California Wilderness
Act of 1984 (Public Law 98-425; 16 U.S.C. 1132 note).
(6) Certain land in the Los Padres National Forest
and the Bakersfield Field Office of the Bureau of Land
Management comprising approximately 7,289 acres, as
generally depicted on the map entitled ``Garcia
Wilderness Area Additions--Proposed'' and dated March
29, 2019, which shall be incorporated into and managed
as part of the Garcia Wilderness as designated by the
Los Padres Condor Range and River Protection Act
(Public Law 102-301; 106 Stat. 242).
(7) Certain land in the Los Padres National Forest
and the Bakersfield Field Office of the Bureau of Land
Management comprising approximately 8,774 acres, as
generally depicted on the map entitled ``Machesna
Mountain Wilderness--Proposed Additions'' and dated
October 30, 2019, which shall be incorporated into and
managed as part of the Machesna Mountain Wilderness as
designated by the California Wilderness Act of 1984
(Public Law 98-425; 16 U.S.C. 1132 note).
(8) Certain land in the Los Padres National Forest
comprising approximately 30,184 acres, as generally
depicted on the map entitled ``Matilija Wilderness Area
Additions--Proposed'' and dated March 29, 2019, which
shall be incorporated into and managed as part of the
Matilija Wilderness as designated by the Los Padres
Condor Range and River Protection Act (Public Law 102-
301; 106 Stat. 242).
(9) Certain land in the Los Padres National Forest
comprising approximately 23,969 acres, as generally
depicted on the map entitled ``San Rafael Wilderness
Area Additions--Proposed'' and dated March 29, 2019,
which shall be incorporated into and managed as part of
the San Rafael Wilderness as designated by Public Law
90-271 (82 Stat. 51), the California Wilderness Act of
1984 (Public Law 98-425; 16 U.S.C. 1132 note), and the
Los Padres Condor Range and River Protection Act
(Public Law 102-301; 106 Stat. 242).
(10) Certain land in the Los Padres National Forest
comprising approximately 2,921 acres, as generally
depicted on the map entitled ``Santa Lucia Wilderness
Area Additions--Proposed'' and dated March 29, 2019,
which shall be incorporated into and managed as part of
the Santa Lucia Wilderness as designated by the
Endangered American Wilderness Act of 1978 (Public Law
95-237; 16 U.S.C. 1132 note).
(11) Certain land in the Los Padres National Forest
comprising approximately 14,313 acres, as generally
depicted on the map entitled ``Sespe Wilderness Area
Additions--Proposed'' and dated March 29, 2019, which
shall be incorporated into and managed as part of the
Sespe Wilderness as designated by the Los Padres Condor
Range and River Protection Act (Public Law 102-301; 106
Stat. 242).
(12) Certain land in the Los Padres National Forest
comprising approximately 17,870 acres, as generally
depicted on the map entitled ``Diablo Caliente
Wilderness Area--Proposed'' and dated March 29, 2019,
which shall be known as the ``Diablo Caliente
Wilderness''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall file
maps and legal descriptions of the wilderness areas
with--
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources of the
House of Representatives.
(2) Force of law.--The maps and legal descriptions
filed under paragraph (1) shall have the same force and
effect as if included in this title, except that the
Secretary may correct any clerical and typographical
errors in the maps and legal descriptions.
(3) Public availability.--The maps and legal
descriptions filed under paragraph (1) shall be on file
and available for public inspection in the appropriate
offices of the Forest Service and Bureau of Land
Management.
SEC. 304. DESIGNATION OF THE MACHESNA MOUNTAIN POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the
Los Padres National Forest comprising approximately 2,359
acres, as generally depicted on the map entitled ``Machesna
Mountain Potential Wilderness'' and dated March 29, 2019, is
designated as the Machesna Mountain Potential Wilderness Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall file
a map and legal description of the Machesna Mountain
Potential Wilderness Area (referred to in this section
as the ``potential wilderness area'') with--
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources of the
House of Representatives.
(2) Force of law.--The map and legal description
filed under paragraph (1) shall have the same force and
effect as if included in this title, except that the
Secretary may correct any clerical and typographical
errors in the map and legal description.
(3) Public availability.--The map and legal
description filed under paragraph (1) shall be on file
and available for public inspection in the appropriate
offices of the Forest Service.
(c) Management.--Except as provided in subsection (d) and
subject to valid existing rights, the Secretary shall manage
the potential wilderness area in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.).
(d) Trail Use, Construction, Reconstruction, and
Realignment.--
(1) In general.--In accordance with paragraph (2),
the Secretary may reconstruct, realign, or reroute the
Pine Mountain Trail.
(2) Requirement.--In carrying out the reconstruction,
realignment, or rerouting under paragraph (1), the
Secretary shall--
(A) comply with all existing laws (including
regulations); and
(B) to the maximum extent practicable, use
the minimum tool or administrative practice
necessary to accomplish the reconstruction,
realignment, or rerouting with the least amount
of adverse impact on wilderness character and
resources.
(3) Motorized vehicles and machinery.--In accordance
with paragraph (2), the Secretary may use motorized
vehicles and machinery to carry out the trail
reconstruction, realignment, or rerouting authorized by
this subsection.
(4) Motorized and mechanized vehicles.--The Secretary
may permit the use of motorized and mechanized vehicles
on the existing Pine Mountain Trail in accordance with
existing law (including regulations) and this
subsection until such date as the potential wilderness
area is designated as wilderness in accordance with
subsection (h).
(e) Withdrawal.--Subject to valid existing rights, the
Federal land in the potential wilderness area is withdrawn from
all forms of--
(1) entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) disposition under all laws pertaining to mineral
and geothermal leasing or mineral materials.
(f) Cooperative Agreements.--In carrying out this section,
the Secretary may enter into cooperative agreements with State,
Tribal, and local governmental entities and private entities to
complete the trail reconstruction, realignment, or rerouting
authorized by subsection (d).
(g) Boundaries.--The Secretary shall modify the boundary of
the potential wilderness area to exclude any area within 150
feet of the centerline of the new location of any trail that
has been reconstructed, realigned, or rerouted under subsection
(d).
(h) Wilderness Designation.--
(1) In general.--The potential wilderness area, as
modified under subsection (g), shall be designated as
wilderness and as a component of the National
Wilderness Preservation System on the earlier of--
(A) the date on which the Secretary publishes
in the Federal Register notice that the trail
reconstruction, realignment, or rerouting
authorized by subsection (d) has been
completed; or
(B) the date that is 20 years after the date
of enactment of this Act.
(2) Administration of wilderness.--On designation as
wilderness under this section, the potential wilderness
area shall be--
(A) incorporated into the Machesna Mountain
Wilderness Area, as designated by the
California Wilderness Act of 1984 (Public Law
98-425; 16 U.S.C. 1132 note) and expanded by
section 303; and
(B) administered in accordance with section
305 and the Wilderness Act (16 U.S.C. 1131 et
seq.).
SEC. 305. ADMINISTRATION OF WILDERNESS.
(a) In General.--Subject to valid existing rights, the
wilderness areas shall be administered by the Secretary in
accordance with this title and the Wilderness Act (16 U.S.C.
1131 et seq.), except that--
(1) any reference in the Wilderness Act (16 U.S.C.
1131 et seq.) to the effective date of that Act shall
be considered to be a reference to the date of
enactment of this Act; and
(2) any reference in the Wilderness Act (16 U.S.C.
1131 et seq.) to the Secretary of Agriculture shall be
considered to be a reference to the Secretary that has
jurisdiction over the wilderness area.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take any measures
in a wilderness area as are necessary for the control
of fire, insects, and diseases in accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)) and House Report 98-40 of the 98th
Congress.
(2) Funding priorities.--Nothing in this title limits
funding for fire and fuels management in the wilderness
areas.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of
enactment of this Act, the Secretary shall amend the
local information in the Fire Management Reference
System or individual operational plans that apply to
the land designated as a wilderness area.
(4) Administration.--Consistent with paragraph (1)
and other applicable Federal law, to ensure a timely
and efficient response to fire emergencies in the
wilderness areas, the Secretary shall enter into
agreements with appropriate State or local firefighting
agencies.
(c) Grazing.--The grazing of livestock in the wilderness
areas, if established before the date of enactment of this Act,
shall be permitted to continue, subject to any reasonable
regulations as the Secretary considers necessary in accordance
with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4));
(2) the guidelines set forth in Appendix A of House
Report 101-405, accompanying H.R. 2570 of the 101st
Congress for land under the jurisdiction of the
Secretary of the Interior;
(3) the guidelines set forth in House Report 96-617,
accompanying H.R. 5487 of the 96th Congress for land
under the jurisdiction of the Secretary of Agriculture;
and
(4) all other laws governing livestock grazing on
Federal public land.
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7)
of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing
in this title affects the jurisdiction or
responsibilities of the State with respect to fish and
wildlife on public land in the State.
(2) Management activities.--In furtherance of the
purposes and principles of the Wilderness Act (16
U.S.C. 1131 et seq.), the Secretary may conduct any
management activities that are necessary to maintain or
restore fish and wildlife populations and habitats in
the wilderness areas, if the management activities
are--
(A) consistent with relevant wilderness
management plans;
(B) conducted in accordance with appropriate
policies, such as the policies established in
Appendix B of House Report 101-405; and
(C) in accordance with memoranda of
understanding between the Federal agencies and
the State Department of Fish and Wildlife.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for the
designation of wilderness areas by this title to lead
to the creation of protective perimeters or buffer
zones around each wilderness area.
(2) Activities or uses up to boundaries.--The fact
that nonwilderness activities or uses can be seen or
heard from within a wilderness area shall not, of
itself, preclude the activities or uses up to the
boundary of the wilderness area.
(f) Military Activities.--Nothing in this title precludes--
(1) low-level overflights of military aircraft over
the wilderness areas;
(2) the designation of new units of special airspace
over the wilderness areas; or
(3) the use or establishment of military flight
training routes over wilderness areas.
(g) Horses.--Nothing in this title precludes horseback riding
in, or the entry of recreational saddle or pack stock into, a
wilderness area--
(1) in accordance with section 4(d)(5) of the
Wilderness Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to
be necessary by the Secretary.
(h) Withdrawal.--Subject to valid existing rights, the
wilderness areas are withdrawn from--
(1) all forms of entry, appropriation, and disposal
under the public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) disposition under all laws pertaining to mineral
and geothermal leasing or mineral materials.
(i) Incorporation of Acquired Land and Interests.--Any land
within the boundary of a wilderness area that is acquired by
the United States shall--
(1) become part of the wilderness area in which the
land is located; and
(2) be managed in accordance with--
(A) this section;
(B) the Wilderness Act (16 U.S.C. 1131 et
seq.); and
(C) any other applicable law.
(j) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to terms
and conditions as the Secretary may prescribe, the Secretary
may authorize the installation and maintenance of hydrologic,
meteorologic, or climatological collection devices in the
wilderness areas if the Secretary determines that the
facilities and access to the facilities are essential to flood
warning, flood control, or water reservoir operation
activities.
SEC. 306. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Indian Creek, Mono Creek, and Matilija Creek,
California.--Section 3(a) of the National Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end
the following:
``(231) Indian creek, california.--The following
segments of Indian Creek in the State of California, to
be administered by the Secretary of Agriculture:
``(A) The 9.5-mile segment of Indian Creek
from its source in sec. 19, T. 7 N., R. 26 W.,
to the Dick Smith Wilderness boundary, as a
wild river.
``(B) The 1-mile segment of Indian Creek from
the Dick Smith Wilderness boundary to 0.25
miles downstream of Road 6N24, as a scenic
river.
``(C) The 3.9-mile segment of Indian Creek
from 0.25 miles downstream of Road 6N24 to the
southern boundary of sec. 32, T. 6 N., R. 26
W., as a wild river.
``(232) Mono creek, california.--The following
segments of Mono Creek in the State of California, to
be administered by the Secretary of Agriculture:
``(A) The 4.2-mile segment of Mono Creek from
its source in sec. 1, T. 7 N., R. 26 W., to
0.25 miles upstream of Don Victor Fire Road in
sec. 28, T. 7 N., R. 25 W., as a wild river.
``(B) The 2.1-mile segment of Mono Creek from
0.25 miles upstream of the Don Victor Fire Road
in sec. 28, T. 7 N., R. 25 W., to 0.25 miles
downstream of Don Victor Fire Road in sec. 34,
T. 7 N., R. 25 W., as a recreational river.
``(C) The 14.7-mile segment of Mono Creek
from 0.25 miles downstream of Don Victor Fire
Road in sec. 34, T. 7 N., R. 25 W., to the
Ogilvy Ranch private property boundary in sec.
22, T. 6 N., R. 26 W., as a wild river.
``(D) The 3.5-mile segment of Mono Creek from
the Ogilvy Ranch private property boundary to
the southern boundary of sec. 33, T. 6 N., R.
26 W., as a recreational river.
``(233) Matilija creek, california.--The following
segments of Matilija Creek in the State of California,
to be administered by the Secretary of Agriculture:
``(A) The 7.2-mile segment of the Matilija
Creek from its source in sec. 25, T. 6 N., R.
25 W., to the private property boundary in sec.
9, T. 5 N., R. 24 W., as a wild river.
``(B) The 7.25-mile segment of the Upper
North Fork Matilija Creek from its source in
sec. 36, T. 6 N., R. 24 W., to the Matilija
Wilderness boundary, as a wild river.''.
(b) Sespe Creek, California.--Section 3(a) of the National
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by
striking paragraph (142) and inserting the following:
``(142) Sespe creek, california.--The following
segments of Sespe Creek in the State of California, to
be administered by the Secretary of Agriculture:
``(A) The 2.7-mile segment of Sespe Creek
from the private property boundary in sec. 10,
T. 6 N., R. 24 W., to the Hartman Ranch private
property boundary in sec. 14, T. 6 N., R. 24
W., as a wild river.
``(B) The 15-mile segment of Sespe Creek from
the Hartman Ranch private property boundary in
sec. 14, T. 6 N., R. 24 W., to the western
boundary of sec. 6, T. 5 N., R. 22 W., as a
recreational river.
``(C) The 6.1-mile segment of Sespe Creek
from the western boundary of sec. 6, T. 5 N.,
R. 22 W., to the confluence with Trout Creek,
as a scenic river.
``(D) The 28.6-mile segment of Sespe Creek
from the confluence with Trout Creek to the
southern boundary of sec. 35, T. 5 N., R. 20
W., as a wild river.''.
(c) Sisquoc River, California.--Section 3(a) of the National
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by
striking paragraph (143) and inserting the following:
``(143) Sisquoc river, california.--The following
segments of the Sisquoc River and its tributaries in
the State of California, to be administered by the
Secretary of Agriculture:
``(A) The 33-mile segment of the main stem of
the Sisquoc River extending from its origin
downstream to the Los Padres Forest boundary,
as a wild river.
``(B) The 4.2-mile segment of the South Fork
Sisquoc River from its source northeast of San
Rafael Mountain in sec. 2, T. 7 N., R. 28 W.,
to its confluence with the Sisquoc River, as a
wild river.
``(C) The 10.4-mile segment of Manzana Creek
from its source west of San Rafael Peak in sec.
4, T. 7 N., R. 28 W., to the San Rafael
Wilderness boundary upstream of Nira
Campground, as a wild river.
``(D) The 0.6-mile segment of Manzana Creek
from the San Rafael Wilderness boundary
upstream of the Nira Campground to the San
Rafael Wilderness boundary downstream of the
confluence of Davy Brown Creek, as a
recreational river.
``(E) The 5.8-mile segment of Manzana Creek
from the San Rafael Wilderness boundary
downstream of the confluence of Davy Brown
Creek to the private property boundary in sec.
1, T. 8 N., R. 30 W., as a wild river.
``(F) The 3.8-mile segment of Manzana Creek
from the private property boundary in sec. 1,
T. 8 N., R. 30 W., to the confluence of the
Sisquoc River, as a recreational river.
``(G) The 3.4-mile segment of Davy Brown
Creek from its source west of Ranger Peak in
sec. 32, T. 8 N., R. 29 W., to 300 feet
upstream of its confluence with Munch Canyon,
as a wild river.
``(H) The 1.4-mile segment of Davy Brown
Creek from 300 feet upstream of its confluence
with Munch Canyon to its confluence with
Manzana Creek, as a recreational river.
``(I) The 2-mile segment of Munch Canyon from
its source north of Ranger Peak in sec. 33, T.
8 N., R. 29 W., to 300 feet upstream of its
confluence with Sunset Valley Creek, as a wild
river.
``(J) The 0.5-mile segment of Munch Canyon
from 300 feet upstream of its confluence with
Sunset Valley Creek to its confluence with Davy
Brown Creek, as a recreational river.
``(K) The 2.6-mile segment of Fish Creek from
500 feet downstream of Sunset Valley Road to
its confluence with Manzana Creek, as a wild
river.
``(L) The 1.5-mile segment of East Fork Fish
Creek from its source in sec. 26, T. 8 N., R.
29 W., to its confluence with Fish Creek, as a
wild river.''.
(d) Piru Creek, California.--Section 3(a) of the National
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by
striking paragraph (199) and inserting the following:
``(199) Piru creek, california.--The following
segments of Piru Creek in the State of California, to
be administered by the Secretary of Agriculture:
``(A) The 9.1-mile segment of Piru Creek from
its source in sec. 3, T. 6 N., R. 22 W., to the
private property boundary in sec. 4, T. 6 N.,
R. 21 W., as a wild river.
``(B) The 17.2-mile segment of Piru Creek
from the private property boundary in sec. 4,
T. 6 N., R. 21 W., to 0.25 miles downstream of
the Gold Hill Road, as a scenic river.
``(C) The 4.1-mile segment of Piru Creek from
0.25 miles downstream of Gold Hill Road to the
confluence with Trail Canyon, as a wild river.
``(D) The 7.25-mile segment of Piru Creek
from the confluence with Trail Canyon to the
confluence with Buck Creek, as a scenic river.
``(E) The 3-mile segment of Piru Creek from
0.5 miles downstream of Pyramid Dam at the
first bridge crossing to the boundary of the
Sespe Wilderness, as a recreational river.
``(F) The 13-mile segment of Piru Creek from
the boundary of the Sespe Wilderness to the
boundary of the Sespe Wilderness, as a wild
river.
``(G) The 2.2-mile segment of Piru Creek from
the boundary of the Sespe Wilderness to the
upper limit of Piru Reservoir, as a
recreational river.''.
(e) Effect.--The designation of additional miles of Piru
Creek under subsection (d) shall not affect valid water rights
in existence on the date of enactment of this Act.
(f) Motorized Use of Trails.--Nothing in this section
(including the amendments made by this section) affects the
motorized use of trails designated by the Forest Service for
motorized use that are located adjacent to and crossing upper
Piru Creek, if the use is consistent with the protection and
enhancement of river values under the National Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.).
SEC. 307. DESIGNATION OF THE FOX MOUNTAIN POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the
Los Padres National Forest comprising approximately 41,082
acres, as generally depicted on the map entitled ``Fox Mountain
Potential Wilderness Area'' and dated November 14, 2019, is
designated as the Fox Mountain Potential Wilderness Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary of
Agriculture shall file a map and a legal description of
the Fox Mountain Potential Wilderness Area (referred to
in this section as the ``potential wilderness area'')
with--
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources of the
House of Representatives.
(2) Force of law.--The map and legal description
filed under paragraph (1) shall have the same force and
effect as if included in this title, except that the
Secretary of Agriculture may correct any clerical and
typographical errors in the map and legal description.
(3) Public availability.--The map and legal
description filed under paragraph (1) shall be on file
and available for public inspection in the appropriate
offices of the Forest Service.
(c) Management.--Except as provided in subsection (d) and
subject to valid existing rights, the Secretary shall manage
the potential wilderness area in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.).
(d) Trail Use Construction, Reconstruction, and
Realignment.--
(1) In general.--In accordance with paragraph (2),
the Secretary of Agriculture may--
(A) construct a new trail for use by hikers,
equestrians, and mechanized vehicles that
connects the Aliso Park Campground to the Bull
Ridge Trail; and
(B) reconstruct or realign--
(i) the Bull Ridge Trail; and
(ii) the Rocky Ridge Trail.
(2) Requirement.--In carrying out the construction,
reconstruction, or alignment under paragraph (1), the
Secretary shall--
(A) comply with all existing laws (including
regulations); and
(B) to the maximum extent practicable, use
the minimum tool or administrative practice
necessary to accomplish the construction,
reconstruction, or alignment with the least
amount of adverse impact on wilderness
character and resources.
(3) Motorized vehicles and machinery.--In accordance
with paragraph (2), the Secretary may use motorized
vehicles and machinery to carry out the trail
construction, reconstruction, or realignment authorized
by this subsection.
(4) Mechanized vehicles.--The Secretary may permit
the use of mechanized vehicles on the existing Bull
Ridge Trail and Rocky Ridge Trail in accordance with
existing law (including regulations) and this
subsection until such date as the potential wilderness
area is designated as wilderness in accordance with
subsection (h).
(e) Withdrawal.--Subject to valid existing rights, the
Federal land in the potential wilderness area is withdrawn from
all forms of--
(1) entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) disposition under all laws pertaining to mineral
and geothermal leasing or mineral materials.
(f) Cooperative Agreements.--In carrying out this section,
the Secretary may enter into cooperative agreements with State,
Tribal, and local governmental entities and private entities to
complete the trail construction, reconstruction, and
realignment authorized by subsection (d).
(g) Boundaries.--The Secretary shall modify the boundary of
the potential wilderness area to exclude any area within 50
feet of the centerline of the new location of any trail that
has been constructed, reconstructed, or realigned under
subsection (d).
(h) Wilderness Designation.--
(1) In general.--The potential wilderness area, as
modified under subsection (g), shall be designated as
wilderness and as a component of the National
Wilderness Preservation System on the earlier of--
(A) the date on which the Secretary publishes
in the Federal Register notice that the trail
construction, reconstruction, or alignment
authorized by subsection (d) has been
completed; or
(B) the date that is 20 years after the date
of enactment of this Act.
(2) Administration of wilderness.--On designation as
wilderness under this section, the potential wilderness
area shall be--
(A) incorporated into the San Rafael
Wilderness, as designated by Public Law 90-271
(82 Stat. 51), the California Wilderness Act of
1984 (Public Law 98-425; 16 U.S.C. 1132 note),
and the Los Padres Condor Range and River
Protection Act (Public Law 102-301; 106 Stat.
242), and section 303; and
(B) administered in accordance with section
305 and the Wilderness Act (16 U.S.C. 1131 et
seq.).
SEC. 308. DESIGNATION OF SCENIC AREAS.
(a) In General.--Subject to valid existing rights, there are
established the following scenic areas:
(1) Condor ridge scenic area.--Certain land in the
Los Padres National Forest comprising approximately
18,666 acres, as generally depicted on the map entitled
``Condor Ridge Scenic Area--Proposed'' and dated March
29, 2019, which shall be known as the ``Condor Ridge
Scenic Area''.
(2) Black mountain scenic area.--Certain land in the
Los Padres National Forest and the Bakersfield Field
Office of the Bureau of Land Management comprising
approximately 16,216 acres, as generally depicted on
the map entitled ``Black Mountain Scenic Area--
Proposed'' and dated March 29, 2019, which shall be
known as the ``Black Mountain Scenic Area''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary of
Agriculture shall file a map and legal description of
the Condor Ridge Scenic Area and Black Mountain Scenic
Area with--
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources of the
House of Representatives.
(2) Force of law.--The maps and legal descriptions
filed under paragraph (1) shall have the same force and
effect as if included in this title, except that the
Secretary of Agriculture may correct any clerical and
typographical errors in the maps and legal
descriptions.
(3) Public availability.--The maps and legal
descriptions filed under paragraph (1) shall be on file
and available for public inspection in the appropriate
offices of the Forest Service and Bureau of Land
Management.
(c) Purpose.--The purpose of the scenic areas is to conserve,
protect, and enhance for the benefit and enjoyment of present
and future generations the ecological, scenic, wildlife,
recreational, cultural, historical, natural, educational, and
scientific resources of the scenic areas.
(d) Management.--
(1) In general.--The Secretary shall administer the
scenic areas--
(A) in a manner that conserves, protects, and
enhances the resources of the scenic areas, and
in particular the scenic character attributes
of the scenic areas; and
(B) in accordance with--
(i) this section;
(ii) the Federal Land Policy and
Management Act (43 U.S.C. 1701 et seq.)
for land under the jurisdiction of the
Secretary of the Interior;
(iii) any laws (including
regulations) relating to the National
Forest System, for land under the
jurisdiction of the Secretary of
Agriculture; and
(iv) any other applicable law
(including regulations).
(2) Uses.--The Secretary shall only allow those uses
of the scenic areas that the Secretary determines would
further the purposes described in subsection (c).
(e) Withdrawal.--Subject to valid existing rights, the
Federal land in the scenic areas is withdrawn from all forms
of--
(1) entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) disposition under all laws pertaining to mineral
and geothermal leasing or mineral materials.
(f) Prohibited Uses.--The following shall be prohibited on
the Federal land within the scenic areas:
(1) Permanent roads.
(2) Permanent structures.
(3) Timber harvesting except when necessary for the
purposes described in subsection (g).
(4) Transmission lines.
(5) Except as necessary to meet the minimum
requirements for the administration of the scenic areas
and to protect public health and safety--
(A) the use of motorized vehicles; or
(B) the establishment of temporary roads.
(6) Commercial enterprises, except as necessary for
realizing the purposes of the scenic areas.
(g) Wildfire, Insect, and Disease Management.--Consistent
with this section, the Secretary may take any measures in the
scenic areas that the Secretary determines to be necessary to
control fire, insects, and diseases, including, as the
Secretary determines to be appropriate, the coordination of
those activities with the State or a local agency.
(h) Adjacent Management.--The fact that an otherwise
authorized activity or use can be seen or heard within a scenic
area shall not preclude the activity or use outside the
boundary of the scenic area.
SEC. 309. CONDOR NATIONAL SCENIC TRAIL.
(a) In General.--The contiguous trail established pursuant to
this section shall be known as the ``Condor National Scenic
Trail'' named after the California condor, a critically
endangered bird species that lives along the extent of the
trail corridor.
(b) Purpose.--The purposes of the Condor National Scenic
Trail are to--
(1) provide a continual extended hiking corridor that
connects the southern and northern portions of the Los
Padres National Forest, spanning the entire length of
the forest along the coastal mountains of southern and
central California; and
(2) provide for the public enjoyment of the
nationally significant scenic, historic, natural, and
cultural qualities of the Los Padres National Forest.
(c) Amendment.--Section 5(a) of the National Trails System
Act (16 U.S.C. 1244(a)) is amended by adding at the end the
following:
``(31) Condor national scenic trail.--
``(A) In general.--The Condor National Scenic
Trail, a trail extending approximately 400
miles from Lake Piru in the southern portion of
the Los Padres National Forest to the Bottchers
Gap Campground in northern portion of the Los
Padres National Forest.
``(B) Administration.--The trail shall be
administered by the Secretary of Agriculture,
in consultation with--
``(i) other Federal, State, Tribal,
regional, and local agencies;
``(ii) private landowners; and
``(iii) other interested
organizations.
``(C) Recreational uses.--Notwithstanding
section 7(c), the use of motorized vehicles on
roads or trails included in the Condor National
Scenic Trail on which motorized vehicles are
permitted as of the date of enactment of this
paragraph may be permitted.
``(D) Private property rights.--
``(i) Prohibition.--The Secretary
shall not acquire for the trail any
land or interest in land outside the
exterior boundary of any federally
managed area without the consent of the
owner of land or interest in land.
``(ii) Effect.--Nothing in this
paragraph--
``(I) requires any private
property owner to allow public
access (including Federal,
State, or local government
access) to private property; or
``(II) modifies any provision
of Federal, State, or local law
with respect to public access
to or use of private land.
``(E) Realignment.--The Secretary of
Agriculture may realign segments of the Condor
National Scenic Trail as necessary to fulfill
the purposes of the trail.
``(F) Map.--A map generally depicting the
trail described in subparagraph (A) shall be on
file and available for public inspection in the
appropriate offices of the Forest Service.''.
(d) Study.--
(1) Study required.--Not later than 3 years after the
date of enactment of this Act, in accordance with this
section, the Secretary of Agriculture shall conduct a
study that--
(A) addresses the feasibility of, and
alternatives for, connecting the northern and
southern portions of the Los Padres National
Forest by establishing a trail across the
applicable portions of the northern and
southern Santa Lucia Mountains of the southern
California Coastal Range; and
(B) considers realignment of the trail or
construction of new trail segments to avoid
existing trail segments that currently allow
motorized vehicles.
(2) Contents.--In carrying out the study required by
paragraph (1), the Secretary of Agriculture shall--
(A) conform to the requirements for national
scenic trail studies described in section 5(b)
of the National Trails System Act (16 U.S.C.
1244(b));
(B) provide for a continual hiking route
through and connecting the southern and
northern sections of the Los Padres National
Forest;
(C) promote recreational, scenic, wilderness
and cultural values;
(D) enhance connectivity with the overall
National Forest trail system;
(E) consider new connectors and realignment
of existing trails;
(F) emphasize safe and continuous public
access, dispersal from high-use areas, and
suitable water sources; and
(G) to the extent practicable, provide all-
year use.
(3) Additional requirement.--In completing the study
required by paragraph (1), the Secretary of Agriculture
shall consult with--
(A) appropriate Federal, State, Tribal,
regional, and local agencies;
(B) private landowners;
(C) nongovernmental organizations; and
(D) members of the public.
(4) Submission.--The Secretary of Agriculture shall
submit the study required by paragraph (1) to--
(A) the Committee on Natural Resources of the
House of Representatives; and
(B) the Committee on Energy and Natural
Resources of the Senate.
(5) Additions and alterations to the condor national
scenic trail.--
(A) In general.--Upon completion of the study
required by paragraph (1), if the Secretary of
Agriculture determines that additional or
alternative trail segments are feasible for
inclusion in the Condor National Scenic Trail,
the Secretary of Agriculture shall include
those segments in the Condor National Scenic
Trail.
(B) Effective date.--Additions or
alternations to the Condor National Scenic
Trail shall be effective on the date the
Secretary of Agriculture publishes in the
Federal Register notice that the additional or
alternative segments are included in the Condor
National Scenic Trail.
(e) Cooperative Agreements.--In carrying out this section
(including the amendments made by this section), the Secretary
of Agriculture may enter into cooperative agreements with
State, Tribal, and local government entities and private
entities to complete needed trail construction, reconstruction,
and realignment projects authorized by this section (including
the amendments made by this section).
SEC. 310. FOREST SERVICE STUDY.
Not later than 6 years after the date of enactment of this
Act, the Secretary of Agriculture (acting through the Chief of
the Forest Service) shall study the feasibility of opening a
new trail, for vehicles measuring 50 inches or less, connecting
Forest Service Highway 95 to the existing off-highway vehicle
trail system in the Ballinger Canyon off-highway vehicle area.
SEC. 311. NONMOTORIZED RECREATION OPPORTUNITIES.
Not later than 6 years after the date of enactment of this
Act, the Secretary of Agriculture, in consultation with
interested parties, shall conduct a study to improve
nonmotorized recreation trail opportunities (including mountain
bicycling) on land not designated as wilderness within the
Santa Barbara, Ojai, and Mt. Pinos ranger districts.
SEC. 312. USE BY MEMBERS OF TRIBES.
(a) Access.--The Secretary shall ensure that Tribes have
access, in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.), to the wilderness areas, scenic areas, and potential
wilderness areas designated by this title for traditional
cultural and religious purposes.
(b) Temporary Closures.--
(1) In general.--In carrying out this section, the
Secretary, on request of a Tribe, may temporarily close
to the general public one or more specific portions of
a wilderness area, scenic area, or potential wilderness
area designated by this title to protect the privacy of
the members of the Tribe in the conduct of traditional
cultural and religious activities.
(2) Requirement.--Any closure under paragraph (1)
shall be--
(A) made in such a manner as to affect the
smallest practicable area for the minimum
period of time necessary for the activity to be
carried out; and
(B) be consistent with the purpose and intent
of Public Law 95-341 (commonly known as the
American Indian Religious Freedom Act) (42
U.S.C. 1996) and the Wilderness Act (16 U.S.C.
1131 et seq.).
TITLE IV--SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS PROTECTION
SEC. 401. SHORT TITLE.
This title may be cited as the ``San Gabriel Mountains
Foothills and Rivers Protection Act''.
SEC. 402. DEFINITION OF STATE.
In this title, the term ``State'' means the State of
California.
Subtitle A--San Gabriel National Recreation Area
SEC. 411. PURPOSES.
The purposes of this subtitle are--
(1) to conserve, protect, and enhance for the benefit
and enjoyment of present and future generations the
ecological, scenic, wildlife, recreational, cultural,
historical, natural, educational, and scientific
resources of the Recreation Area;
(2) to provide environmentally responsible, well-
managed recreational opportunities within the
Recreation Area;
(3) to improve access to and from the Recreation
Area;
(4) to provide expanded educational and interpretive
services to increase public understanding of, and
appreciation for, the natural and cultural resources of
the Recreation Area;
(5) to facilitate the cooperative management of the
land and resources within the Recreation Area, in
collaboration with the State and political subdivisions
of the State, historical, business, cultural, civic,
recreational, tourism and other nongovernmental
organizations, and the public; and
(6) to allow the continued use of the Recreation Area
by all individuals, entities, and local government
agencies in activities relating to integrated water
management, flood protection, water conservation, water
quality, water rights, water supply, groundwater
recharge and monitoring, wastewater treatment, public
roads and bridges, and utilities within or adjacent to
the Recreation Area.
SEC. 412. DEFINITIONS.
In this subtitle:
(1) Adjudication.--The term ``adjudication'' means
any final judgment, order, ruling, or decree entered in
any judicial proceeding adjudicating or affecting water
rights, surface water management, or groundwater
management.
(2) Advisory council.--The term ``Advisory Council''
means the San Gabriel National Recreation Area Public
Advisory Council established under section 417(a).
(3) Federal lands.--The term ``Federal lands''
means--
(A) public lands under the jurisdiction of
the Secretary of the Interior; and
(B) lands under the jurisdiction of the
Secretary of Defense, acting through the Chief
of Engineers.
(4) Management plan.--The term ``management plan''
means the management plan for the Recreation Area
required under section 414(d).
(5) Partnership.--The term ``Partnership'' means the
San Gabriel National Recreation Area Partnership
established by section 418(a).
(6) Public water system.--The term ``public water
system'' has the meaning given the term in 42 U.S.C.
300(f)(4) or in section 116275 of the California Health
and Safety Code.
(7) Recreation area.--The term ``Recreation Area''
means the San Gabriel National Recreation Area
established by section 413(a).
(8) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(9) Utility facility.--The term ``utility facility''
means--
(A) any electric substations, communication
facilities, towers, poles, and lines, ground
wires, communication circuits, and other
structures, and related infrastructure; and
(B) any such facilities associated with a
public water system.
(10) Water resource facility.--The term ``water
resource facility'' means irrigation and pumping
facilities, dams and reservoirs, flood control
facilities, water conservation works, including debris
protection facilities, sediment placement sites, rain
gauges and stream gauges, water quality facilities,
recycled water facilities, water pumping, conveyance
and distribution systems, water storage tanks and
reservoirs, and water treatment facilities, aqueducts,
canals, ditches, pipelines, wells, hydropower projects,
and transmission and other ancillary facilities,
groundwater recharge facilities, water conservation,
water filtration plants, and other water diversion,
conservation, groundwater recharge, storage, and
carriage structures.
SEC. 413. SAN GABRIEL NATIONAL RECREATION AREA.
(a) Establishment; Boundaries.--Subject to valid existing
rights, there is established as a unit of the National Park
System in the State the San Gabriel National Recreation Area
depicted as the ``Proposed San Gabriel National Recreation
Area'' on the map entitled ``San Gabriel National Recreation
Area Proposed Boundary,'' numbered 503/152,737, and dated July
2019.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall
file a map and a legal description of the Recreation
Area with--
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources of the
House of Representatives.
(2) Force of law.--The map and legal description
filed under paragraph (1) shall have the same force and
effect as if included in this title, except that the
Secretary may correct any clerical or typographical
error in the map or legal description.
(3) Public availability.--The map and legal
description filed under paragraph (1) shall be on file
and available for public inspection in the appropriate
offices of the National Park Service.
(c) Administration and Jurisdiction.--
(1) Public lands.--The public lands included in the
Recreation Area shall be administered by the Secretary,
acting through the Director of the National Park
Service.
(2) Department of defense land.--Although certain
Federal lands under the jurisdiction of the Secretary
of Defense are included in the recreation area, nothing
in this subtitle transfers administration jurisdiction
of such Federal lands from the Secretary of Defense or
otherwise affects Federal lands under the jurisdiction
of the Secretary of Defense.
(3) State and local jurisdiction.--Nothing in this
subtitle alters, modifies, or diminishes any right,
responsibility, power, authority, jurisdiction, or
entitlement of the State, a political subdivision of
the State, including, but not limited to courts of
competent jurisdiction, regulatory commissions, boards,
and departments, or any State or local agency under any
applicable Federal, State, or local law (including
regulations).
SEC. 414. MANAGEMENT.
(a) National Park System.--Subject to valid existing rights,
the Secretary shall manage the public lands included in the
Recreation Area in a manner that protects and enhances the
natural resources and values of the public lands, in accordance
with--
(1) this subtitle;
(2) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753 and 102101 of title 54,
United States Code (formerly known as the ``National
Park Service Organic Act'');
(3) the laws generally applicable to units of the
National Park System; and
(4) other applicable law, regulations, adjudications,
and orders.
(b) Cooperation With Secretary of Defense.--The Secretary
shall cooperate with the Secretary of Defense to develop
opportunities for the management of the Federal land under the
jurisdiction of the Secretary of Defense included in the
Recreation Area in accordance with the purposes described in
section 411, to the maximum extent practicable.
(c) Treatment of Non-Federal Land.--
(1) In general.--Nothing in this subtitle--
(A) authorizes the Secretary to take any
action that would affect the use of any land
not owned by the United States within the
Recreation Area;
(B) affects the use of, or access to, any
non-Federal land within the Recreation Area;
(C) modifies any provision of Federal, State,
or local law with respect to public access to,
or use of, non-Federal land;
(D) requires any owner of non-Federal land to
allow public access (including Federal, State,
or local government access) to private property
or any other non-Federal land;
(E) alters any duly adopted land use
regulation, approved land use plan, or any
other regulatory authority of any State or
local agency or unit of Tribal government;
(F) creates any liability, or affects any
liability under any other law, of any private
property owner or other owner of non-Federal
land with respect to any person injured on the
private property or other non-Federal land;
(G) conveys to the Partnership any land use
or other regulatory authority;
(H) shall be construed to cause any Federal,
State, or local regulation or permit
requirement intended to apply to units of the
National Park System to affect the Federal
lands under the jurisdiction of the Secretary
of Defense or non-Federal lands within the
boundaries of the recreation area; or
(I) requires any local government to
participate in any program administered by the
Secretary.
(2) Cooperation.--The Secretary is encouraged to work
with owners of non-Federal land who have agreed to
cooperate with the Secretary to advance the purposes of
this subtitle.
(3) Buffer zones.--
(A) In general.--Nothing in this subtitle
establishes any protective perimeter or buffer
zone around the Recreation Area.
(B) Activities or uses up to boundaries.--The
fact that an activity or use of land can be
seen or heard from within the Recreation Area
shall not preclude the activity or land use up
to the boundary of the Recreation Area.
(4) Facilities.--Nothing in this subtitle affects the
operation, maintenance, modification, construction,
destruction, removal, relocation, improvement or
expansion of any water resource facility or public
water system, or any solid waste, sanitary sewer, water
or waste-water treatment, groundwater recharge or
conservation, hydroelectric, conveyance distribution
system, recycled water facility, or utility facility
located within or adjacent to the Recreation Area.
(5) Exemption.--Section 100903 of title 54, United
States Code, shall not apply to the Puente Hills
landfill, materials recovery facility, or intermodal
facility.
(d) Management Plan.--
(1) Deadline.--Not later than 3 years after the date
of the enactment of this Act, the Secretary and the
Advisory Council shall establish a comprehensive
management plan for the Recreation Area that supports
the purposes described in section 411.
(2) Use of existing plans.--In developing the
management plan, to the extent consistent with this
section, the Secretary may incorporate any provision of
a land use or other plan applicable to the public lands
included in the Recreation Area.
(3) Incorporation of visitor services plan.--To the
maximum extent practicable, the Secretary shall
incorporate into the management plan the visitor
services plan under section 419(a)(2).
(4) Partnership.--In developing the management plan,
the Secretary shall consider recommendations of the
Partnership. To the maximum extent practicable, the
Secretary shall incorporate recommendations of the
Partnership into the management plan if the Secretary
determines that the recommendations are feasible and
consistent with the purposes in section 411, this
subtitle, and applicable laws (including regulations).
(e) Fish and Wildlife.--Nothing in this subtitle affects the
jurisdiction of the State with respect to fish or wildlife
located on public lands in the State.
SEC. 415. ACQUISITION OF NON-FEDERAL LAND WITHIN RECREATION AREA.
(a) Limited Acquisition Authority.--
(1) In general.--Subject to paragraph (2), the
Secretary may acquire non-Federal land within the
boundaries of the Recreation Area only through
exchange, donation, or purchase from a willing seller.
(2) Additional requirement.--As a further condition
on the acquisition of land, the Secretary shall make a
determination that the land contains important
biological, cultural, historic, or recreational values.
(b) Prohibition on Use of Eminent Domain.--Nothing in this
subtitle authorizes the use of eminent domain to acquire land
or an interest in land.
(c) Treatment of Acquired Land.--Any land or interest in land
acquired by the United States within the boundaries of the
Recreation Area shall be--
(1) included in the Recreation Area; and
(2) administered by the Secretary in accordance
with--
(A) this subtitle; and
(B) other applicable laws (including
regulations).
SEC. 416. WATER RIGHTS; WATER RESOURCE FACILITIES; PUBLIC ROADS;
UTILITY FACILITIES.
(a) No Effect on Water Rights.--Nothing in this subtitle or
section 422--
(1) shall affect the use or allocation, as in
existence on the date of the enactment of this Act, of
any water, water right, or interest in water (including
potable, recycled, reclaimed, waste, imported,
exported, banked, or stored water, surface water,
groundwater, and public trust interest);
(2) shall affect any public or private contract in
existence on the date of the enactment of this Act for
the sale, lease, loan, or transfer of any water
(including potable, recycled, reclaimed, waste,
imported, exported, banked, or stored water, surface
water, and groundwater);
(3) shall be considered to be a relinquishment or
reduction of any water rights reserved or appropriated
by the United States in the State on or before the date
of the enactment of this Act;
(4) authorizes or imposes any new reserved Federal
water right or expands water usage pursuant to any
existing Federal reserved, riparian or appropriative
right;
(5) shall be considered a relinquishment or reduction
of any water rights (including potable, recycled,
reclaimed, waste, imported, exported, banked, or stored
water, surface water, and groundwater) held, reserved,
or appropriated by any public entity or other persons
or entities, on or before the date of the enactment of
this Act;
(6) shall be construed to, or shall interfere or
conflict with the exercise of the powers or duties of
any watermaster, public agency, public water system,
court of competent jurisdiction, or other body or
entity responsible for groundwater or surface water
management or groundwater replenishment as designated
or established pursuant to any adjudication or Federal
or State law, including the management of the San
Gabriel River watershed and basin, to provide water
supply or other environmental benefits;
(7) shall be construed to impede or adversely impact
any previously adopted Los Angeles County Drainage Area
project, as described in the report of the Chief of
Engineers dated June 30, 1992, including any supplement
or addendum to that report, or any maintenance
agreement to operate that project;
(8) shall interfere or conflict with any action by a
watermaster, water agency, public water system, court
of competent jurisdiction, or public agency pursuant to
any Federal or State law, water right, or adjudication,
including any action relating to water conservation,
water quality, surface water diversion or impoundment,
groundwater recharge, water treatment, conservation or
storage of water, pollution, waste discharge, the
pumping of groundwater; the spreading, injection,
pumping, storage, or the use of water from local
sources, storm water flows, and runoff, or from
imported or recycled water, that is undertaken in
connection with the management or regulation of the San
Gabriel River;
(9) shall interfere with, obstruct, hinder, or delay
the exercise of, or access to, any water right by the
owner of a public water system or any other individual
or entity, including the construction, operation,
maintenance, replacement, removal, repair, location, or
relocation of any well; pipeline; or water pumping,
treatment, diversion, impoundment, or storage facility;
or other facility or property necessary or useful to
access any water right or operate an public water
system;
(10) shall require the initiation or reinitiation of
consultation with the United States Fish and Wildlife
Service under, or the application of any provision of,
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) relating to any action affecting any water, water
right, or water management or water resource facility
in the San Gabriel River watershed and basin; or
(11) authorizes any agency or employee of the United
States, or any other person, to take any action
inconsistent with any of paragraphs (1) through (10).
(b) Water Resource Facilities.--
(1) No effect on existing water resource
facilities.--Nothing in this subtitle or section 422
shall affect--
(A) the use, operation, maintenance, repair,
construction, destruction, removal,
reconfiguration, expansion, improvement or
replacement of a water resource facility or
public water system within or adjacent to the
Recreation Area or San Gabriel Mountains
National Monument; or
(B) access to a water resource facility
within or adjacent to the Recreation Area or
San Gabriel Mountains National Monument.
(2) No effect on new water resource facilities.--
Nothing in this subtitle or section 422 shall preclude
the establishment of a new water resource facility
(including instream sites, routes, and areas) within
the Recreation Area or San Gabriel Mountains National
Monument if the water resource facility or public water
system is necessary to preserve or enhance the health,
safety, reliability, quality or accessibility of water
supply, or utility services to residents of Los Angeles
County.
(3) Flood control.--Nothing in this subtitle or
section 422 shall be construed to--
(A) impose any new restriction or requirement
on flood protection, water conservation, water
supply, groundwater recharge, water transfers,
or water quality operations and maintenance; or
(B) increase the liability of an agency or
public water system carrying out flood
protection, water conservation, water supply,
groundwater recharge, water transfers, or water
quality operations.
(4) Diversion or use of water.--Nothing in this
subtitle or section 422 shall authorize or require the
use of water or water rights in, or the diversion of
water to, the Recreation Area or San Gabriel Mountains
National Monument.
(c) Utility Facilities and Rights of Way.--Nothing in this
subtitle or section 422 shall--
(1) affect the use, operation, maintenance, repair,
construction, destruction, reconfiguration, expansion,
inspection, renewal, reconstruction, alteration,
addition, relocation, improvement, removal, or
replacement of a utility facility or appurtenant right-
of-way within or adjacent to the Recreation Area or San
Gabriel Mountains National Monument;
(2) affect access to a utility facility or right-of-
way within or adjacent to the Recreation Area or San
Gabriel Mountains National Monument; or
(3) preclude the establishment of a new utility
facility or right-of-way (including instream sites,
routes, and areas) within the Recreation Area or San
Gabriel Mountains National Monument if such a facility
or right-of-way is necessary for public health and
safety, electricity supply, or other utility services.
(d) Roads; Public Transit.--
(1) Definitions.--In this subsection:
(A) Public road.--The term ``public road''
means any paved road or bridge (including any
appurtenant structure and right-of-way) that
is--
(i) operated or maintained by a non-
Federal entity; and
(ii)(I) open to vehicular use by the
public; or
(II) used by a public agency or
utility for the operation, maintenance,
improvement, repair, removal,
relocation, construction, destruction
or rehabilitation of infrastructure, a
utility facility, or a right-of-way.
(B) Public transit.--The term ``public
transit'' means any transit service (including
operations and rights-of-way) that is--
(i) operated or maintained by a non-
Federal entity; and
(ii)(I) open to the public; or
(II) used by a public agency or
contractor for the operation,
maintenance, repair, construction, or
rehabilitation of infrastructure, a
utility facility, or a right-of-way.
(2) No effect on public roads or public transit.--
Nothing in this subtitle or section 422--
(A) authorizes the Secretary to take any
action that would affect the operation,
maintenance, repair, or rehabilitation of
public roads or public transit (including
activities necessary to comply with Federal or
State safety or public transit standards); or
(B) creates any new liability, or increases
any existing liability, of an owner or operator
of a public road.
SEC. 417. SAN GABRIEL NATIONAL RECREATION AREA PUBLIC ADVISORY COUNCIL.
(a) Establishment.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish an
advisory council, to be known as the ``San Gabriel National
Recreation Area Public Advisory Council''.
(b) Duties.--The Advisory Council shall advise the Secretary
regarding the development and implementation of the management
plan and the visitor services plan.
(c) Applicable Law.--The Advisory Council shall be subject
to--
(1) the Federal Advisory Committee Act (5 U.S.C.
App.); and
(2) all other applicable laws (including
regulations).
(d) Membership.--The Advisory Council shall consist of 22
members, to be appointed by the Secretary after taking into
consideration recommendations of the Partnership, of whom--
(1) 2 shall represent local, regional, or national
environmental organizations;
(2) 2 shall represent the interests of outdoor
recreation, including off-highway vehicle recreation,
within the Recreation Area;
(3) 2 shall represent the interests of community-
based organizations, the missions of which include
expanding access to the outdoors;
(4) 2 shall represent business interests;
(5) 1 shall represent Indian Tribes within or
adjacent to the Recreation Area;
(6) 1 shall represent the interests of homeowners'
associations within the Recreation Area;
(7) 3 shall represent the interests of holders of
adjudicated water rights, public water systems, water
agencies, wastewater and sewer agencies, recycled water
facilities, and water management and replenishment
entities;
(8) 1 shall represent energy and mineral development
interests;
(9) 1 shall represent owners of Federal grazing
permits or other land use permits within the Recreation
Area;
(10) 1 shall represent archaeological and historical
interests;
(11) 1 shall represent the interests of environmental
educators;
(12) 1 shall represent cultural history interests;
(13) 1 shall represent environmental justice
interests;
(14) 1 shall represent electrical utility interests;
and
(15) 2 shall represent the affected public at large.
(e) Terms.--
(1) Staggered terms.--A member of the Advisory
Council shall be appointed for a term of 3 years,
except that, of the members first appointed, 7 of the
members shall be appointed for a term of 1 year and 7
of the members shall be appointed for a term of 2
years.
(2) Reappointment.--A member may be reappointed to
serve on the Advisory Council on the expiration of the
term of service of the member.
(3) Vacancy.--A vacancy on the Advisory Council shall
be filled in the same manner in which the original
appointment was made.
(f) Quorum.--A quorum shall be ten members of the advisory
council. The operations of the advisory council shall not be
impaired by the fact that a member has not yet been appointed
as long as a quorum has been attained.
(g) Chairperson; Procedures.--The Advisory Council shall
elect a chairperson and establish such rules and procedures as
the advisory council considers necessary or desirable.
(h) Service Without Compensation.--Members of the Advisory
Council shall serve without pay.
(i) Termination.--The Advisory Council shall cease to exist--
(1) on the date that is 5 years after the date on
which the management plan is adopted by the Secretary;
or
(2) on such later date as the Secretary considers to
be appropriate.
SEC. 418. SAN GABRIEL NATIONAL RECREATION AREA PARTNERSHIP.
(a) Establishment.--There is established a Partnership, to be
known as the ``San Gabriel National Recreation Area
Partnership''.
(b) Purposes.--The purposes of the Partnership are to--
(1) coordinate the activities of Federal, State,
Tribal, and local authorities and the private sector in
advancing the purposes of this subtitle; and
(2) use the resources and expertise of each agency in
improving management and recreational opportunities
within the Recreation Area.
(c) Membership.--The Partnership shall include the following:
(1) The Secretary (or a designee) to represent the
National Park Service.
(2) The Secretary of Defense (or a designee) to
represent the Corps of Engineers.
(3) The Secretary of Agriculture (or a designee) to
represent the Forest Service.
(4) The Secretary of the Natural Resources Agency of
the State (or a designee) to represent--
(A) the California Department of Parks and
Recreation; and
(B) the Rivers and Mountains Conservancy.
(5) One designee of the Los Angeles County Board of
Supervisors.
(6) One designee of the Puente Hills Habitat
Preservation Authority.
(7) Four designees of the San Gabriel Council of
Governments, of whom one shall be selected from a local
land conservancy.
(8) One designee of the San Gabriel Valley Economic
Partnership.
(9) One designee of the Los Angeles County Flood
Control District.
(10) One designee of the San Gabriel Valley Water
Association.
(11) One designee of the Central Basin Water
Association.
(12) One designee of the Main San Gabriel Basin
Watermaster.
(13) One designee of a public utility company, to be
appointed by the Secretary.
(14) One designee of the Watershed Conservation
Authority.
(15) One designee of the Advisory Council for the
period during which the Advisory Council remains in
effect.
(16) One designee of San Gabriel Mountains National
Monument Community Collaborative.
(d) Duties.--To advance the purposes described in section
411, the Partnership shall--
(1) make recommendations to the Secretary regarding
the development and implementation of the management
plan;
(2) review and comment on the visitor services plan
under section 419(a)(2), and facilitate the
implementation of that plan;
(3) assist units of local government, regional
planning organizations, and nonprofit organizations in
advancing the purposes of the Recreation Area by--
(A) carrying out programs and projects that
recognize, protect, and enhance important
resource values within the Recreation Area;
(B) establishing and maintaining interpretive
exhibits and programs within the Recreation
Area;
(C) developing recreational and educational
opportunities in the Recreation Area in
accordance with the purposes of this subtitle;
(D) increasing public awareness of, and
appreciation for, natural, historic, scenic,
and cultural resources of the Recreation Area;
(E) ensuring that signs identifying points of
public access and sites of interest are posted
throughout the Recreation Area;
(F) promoting a wide range of partnerships
among governments, organizations, and
individuals to advance the purposes of the
Recreation Area; and
(G) ensuring that management of the
Recreation Area takes into consideration--
(i) local ordinances and land-use
plans; and
(ii) adjacent residents and property
owners;
(4) make recommendations to the Secretary regarding
the appointment of members to the Advisory Council; and
(5) carry out any other actions necessary to achieve
the purposes of this subtitle.
(e) Authorities.--Subject to approval by the Secretary, for
the purposes of preparing and implementing the management plan,
the Partnership may use Federal funds made available under this
section--
(1) to make grants to the State, political
subdivisions of the State, nonprofit organizations, and
other persons;
(2) to enter into cooperative agreements with, or
provide grants or technical assistance to, the State,
political subdivisions of the State, nonprofit
organizations, Federal agencies, and other interested
parties;
(3) to hire and compensate staff;
(4) to obtain funds or services from any source,
including funds and services provided under any other
Federal law or program;
(5) to contract for goods or services; and
(6) to support activities of partners and any other
activities that--
(A) advance the purposes of the Recreation
Area; and
(B) are in accordance with the management
plan.
(f) Terms of Office; Reappointment; Vacancies.--
(1) Terms.--A member of the Partnership shall be
appointed for a term of 3 years.
(2) Reappointment.--A member may be reappointed to
serve on the Partnership on the expiration of the term
of service of the member.
(3) Vacancy.--A vacancy on the Partnership shall be
filled in the same manner in which the original
appointment was made.
(g) Quorum.--A quorum shall be 11 members of the Partnership.
The operations of the Partnership shall not be impaired by the
fact that a member has not yet been appointed as long as a
quorum has been attained.
(h) Chairperson; Procedures.--The Partnership shall elect a
chairperson and establish such rules and procedures as it deems
necessary or desirable.
(i) Service Without Compensation.--A member of the
Partnership shall serve without compensation.
(j) Duties and Authorities of Secretary.--
(1) In general.--The Secretary shall convene the
Partnership on a regular basis to carry out this
subtitle.
(2) Technical and financial assistance.--The
Secretary may provide to the Partnership or any member
of the Partnership, on a reimbursable or
nonreimbursable basis, such technical and financial
assistance as the Secretary determines to be
appropriate to carry out this subtitle.
(3) Cooperative agreements.--The Secretary may enter
into a cooperative agreement with the Partnership, a
member of the Partnership, or any other public or
private entity to provide technical, financial, or
other assistance to carry out this subtitle.
(4) Construction of facilities on non-federal land.--
(A) In general.--In order to facilitate the
administration of the Recreation Area, the
Secretary is authorized, subject to valid
existing rights, to construct administrative or
visitor use facilities on land owned by a non-
profit organization, local agency, or other
public entity in accordance with this title and
applicable law (including regulations).
(B) Additional requirements.--A facility
under this paragraph may only be developed--
(i) with the consent of the owner of
the non-Federal land; and
(ii) in accordance with applicable
Federal, State, and local laws
(including regulations) and plans.
(5) Priority.--The Secretary shall give priority to
actions that--
(A) conserve the significant natural,
historic, cultural, and scenic resources of the
Recreation Area; and
(B) provide educational, interpretive, and
recreational opportunities consistent with the
purposes of the Recreation Area.
(k) Committees.--The Partnership shall establish--
(1) a Water Technical Advisory Committee to advise
the Secretary regarding water-related issues relating
to the Recreation Area; and
(2) a Public Safety Advisory Committee to advise the
Secretary regarding public safety issues relating to
the Recreation Area.
SEC. 419. VISITOR SERVICES AND FACILITIES.
(a) Visitor Services.--
(1) Purpose.--The purpose of this subsection is to
facilitate the development of an integrated visitor
services plan to improve visitor experiences in the
Recreation Area through expanded recreational
opportunities and increased interpretation, education,
resource protection, and enforcement.
(2) Visitor services plan.--
(A) In general.--Not later than 3 years after
the date of the enactment of this Act, the
Secretary shall develop and carry out an
integrated visitor services plan for the
Recreation Area in accordance with this
paragraph.
(B) Contents.--The visitor services plan
shall--
(i) assess current and anticipated
future visitation to the Recreation
Area, including recreation
destinations;
(ii) consider the demand for various
types of recreation (including hiking,
picnicking, horseback riding, and the
use of motorized and mechanized
vehicles), as permissible and
appropriate;
(iii) evaluate the impacts of
recreation on natural and cultural
resources, water rights and water
resource facilities, public roads,
adjacent residents and property owners,
and utilities within the Recreation
Area, as well as the effectiveness of
current enforcement and efforts;
(iv) assess the current level of
interpretive and educational services
and facilities;
(v) include recommendations to--
(I) expand opportunities for
high-demand recreational
activities, in accordance with
the purposes described in
section 411;
(II) better manage Recreation
Area resources and improve the
experience of Recreation Area
visitors through expanded
interpretive and educational
services and facilities, and
improved enforcement; and
(III) better manage
Recreation Area resources to
reduce negative impacts on the
environment, ecology, and
integrated water management
activities in the Recreation
Area;
(vi) in coordination and consultation
with affected owners of non-Federal
land, assess options to incorporate
recreational opportunities on non-
Federal land into the Recreation Area--
(I) in manner consistent with
the purposes and uses of the
non-Federal land; and
(II) with the consent of the
non-Federal landowner;
(vii) assess opportunities to provide
recreational opportunities that connect
with adjacent National Forest System
land; and
(viii) be developed and carried out
in accordance with applicable Federal,
State, and local laws and ordinances.
(C) Consultation.--In developing the visitor
services plan, the Secretary shall--
(i) consult with--
(I) the Partnership;
(II) the Advisory Council;
(III) appropriate State and
local agencies; and
(IV) interested
nongovernmental organizations;
and
(ii) involve members of the public.
(b) Visitor Use Facilities.--
(1) In general.--The Secretary may construct visitor
use facilities in the Recreation Area.
(2) Requirements.--Each facility under paragraph (1)
shall be developed in accordance with applicable
Federal, State, and local--
(A) laws (including regulations); and
(B) plans.
(c) Donations.--
(1) In general.--The Secretary may accept and use
donated funds (subject to appropriations), property,
in-kind contributions, and services to carry out this
subtitle.
(2) Prohibition.--The Secretary may not use the
authority provided by paragraph (1) to accept non-
Federal land that has been acquired after the date of
the enactment of this Act through the use of eminent
domain.
(d) Cooperative Agreements.--In carrying out this subtitle,
the Secretary may make grants to, or enter into cooperative
agreements with, units of State, Tribal, and local governments
and private entities to conduct research, develop scientific
analyses, and carry out any other initiative relating to the
management of, and visitation to, the Recreation Area.
Subtitle B--San Gabriel Mountains
SEC. 421. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.
(2) Wilderness area or addition.--The term
``wilderness area or addition'' means any wilderness
area or wilderness addition designated by section
423(a).
SEC. 422. NATIONAL MONUMENT BOUNDARY MODIFICATION.
(a) In General.--The San Gabriel Mountains National Monument
established by Presidential Proclamation 9194 (54 U.S.C. 320301
note) (referred to in this section as the ``Monument'') is
modified to include the approximately 109,167 acres of
additional National Forest System land depicted as the
``Proposed San Gabriel Mountains National Monument Expansion''
on the map entitled ``Proposed San Gabriel Mountains National
Monument Expansion'' and dated June 26, 2019.
(b) Administration.--The Secretary shall administer the San
Gabriel Mountains National Monument, including the lands added
by subsection (a), in accordance with--
(1) Presidential Proclamation 9194, as issued on
October 10, 2014 (54 U.S.C. 320301 note);
(2) the laws generally applicable to the Monument;
and
(3) this title.
(c) Management Plan.--Within 3 years after the date of
enactment of this Act, the Secretary shall consult with State
and local governments and the interested public to update the
existing San Gabriel Mountains National Monument Plan to
provide management direction and protection for the lands added
to the Monument by subsection (a).
SEC. 423. DESIGNATION OF WILDERNESS AREAS AND ADDITIONS.
(a) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following parcels of National Forest
System land in the State are designated as wilderness and as
components of the National Wilderness Preservation System:
(1) Condor peak wilderness.--Certain Federal land in
the Angeles National Forest, comprising approximately
8,207 acres, as generally depicted on the map entitled
``Condor Peak Wilderness--Proposed'' and dated June 6,
2019, which shall be known as the ``Condor Peak
Wilderness''.
(2) San gabriel wilderness additions.--Certain
Federal land in the Angeles National Forest, comprising
approximately 2,032 acres, as generally depicted on the
map entitled ``San Gabriel Wilderness Additions'' and
dated June 6, 2019, which is incorporated in, and
considered to be a part of, the San Gabriel Wilderness
designated by Public Law 90-318 (16 U.S.C. 1132 note;
82 Stat. 131).
(3) Sheep mountain wilderness additions.--Certain
Federal land in the Angeles National Forest, comprising
approximately 13,726 acres, as generally depicted on
the map entitled ``Sheep Mountain Wilderness
Additions'' and dated June 6, 2019, which is
incorporated in, and considered to be a part of, the
Sheep Mountain Wilderness designated by section
101(a)(29) of the California Wilderness Act of 1984 (16
U.S.C. 1132 note; 98 Stat. 1623; Public Law 98-425).
(4) Yerba buena wilderness.--Certain Federal land in
the Angeles National Forest, comprising approximately
6,694 acres, as generally depicted on the map entitled
``Yerba Buena Wilderness--Proposed'' and dated June 6,
2019, which shall be known as the ``Yerba Buena
Wilderness''.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall
file a map and a legal description of the wilderness
areas and additions with--
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources of the
House of Representatives.
(2) Force of law.--The map and legal description
filed under paragraph (1) shall have the same force and
effect as if included in this subtitle, except that the
Secretary may correct any clerical or typographical
error in the map or legal description.
(3) Public availability.--The map and legal
description filed under paragraph (1) shall be on file
and available for public inspection in the appropriate
offices of the Forest Service.
SEC. 424. ADMINISTRATION OF WILDERNESS AREAS AND ADDITIONS.
(a) In General.--Subject to valid existing rights, the
wilderness areas and additions shall be administered by the
Secretary in accordance with this section and the Wilderness
Act (16 U.S.C. 1131 et seq.), except that any reference in that
Act to the effective date of that Act shall be considered to be
a reference to the date of the enactment of this Act.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures
in a wilderness area or addition designated in section
423 as are necessary for the control of fire, insects,
or diseases in accordance with--
(A) section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)); and
(B) House Report 98-40 of the 98th Congress.
(2) Funding priorities.--Nothing in this subtitle
limits funding for fire or fuels management in a
wilderness area or addition.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of the
enactment of this Act, the Secretary shall amend, as
applicable, any local fire management plan that applies
to a wilderness area or addition designated in section
423.
(4) Administration.--In accordance with paragraph (1)
and any other applicable Federal law, to ensure a
timely and efficient response to a fire emergency in a
wilderness area or addition, the Secretary shall--
(A) not later than 1 year after the date of
the enactment of this Act, establish agency
approval procedures (including appropriate
delegations of authority to the Forest
Supervisor, District Manager, or other agency
officials) for responding to fire emergencies;
and
(B) enter into agreements with appropriate
State or local firefighting agencies.
(c) Grazing.--The grazing of livestock in a wilderness area
or addition, if established before the date of the enactment of
this Act, shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines contained in Appendix A of the
report of the Committee on Interior and Insular Affairs
of the House of Representatives accompanying H.R. 2570
of the 101st Congress (H. Rept. 101-405).
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7)
of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing
in this subtitle affects the jurisdiction or
responsibility of the State with respect to fish or
wildlife on public land in the State.
(2) Management activities.--
(A) In general.--In furtherance of the
purposes and principles of the Wilderness Act
(16 U.S.C. 1131 et seq.), the Secretary may
conduct any management activity that are
necessary to maintain or restore fish or
wildlife populations or habitats in the
wilderness areas and wilderness additions
designated in section 423, if the management
activities are--
(i) consistent with relevant
wilderness management plans; and
(ii) conducted in accordance with
appropriate policies, such as the
policies established in Appendix B of
the report of the Committee on Interior
and Insular Affairs of the House of
Representatives accompanying H.R. 2570
of the 101st Congress (H. Rept. 101-
405).
(B) Inclusions.--A management activity under
subparagraph (A) may include the occasional and
temporary use of motorized vehicles, if the
use, as determined by the Secretary, would
promote healthy, viable, and more naturally
distributed wildlife populations that would
enhance wilderness values while causing the
minimum impact necessary to accomplish those
tasks.
(C) Existing activities.--In accordance with
section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)) and appropriate policies
(such as the policies established in Appendix B
of House Report 101-405), the State may use
aircraft (including helicopters) in a
wilderness area or addition to survey, capture,
transplant, monitor, or provide water for a
wildlife population, including bighorn sheep.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for the
designation of wilderness areas or wilderness additions
by section 423 to lead to the creation of protective
perimeters or buffer zones around each wilderness area
or wilderness addition.
(2) Activities or uses up to boundaries.--The fact
that a nonwilderness activities or uses can be seen or
heard from within a wilderness area or wilderness
addition designated by section 423 shall not, of
itself, preclude the activities or uses up to the
boundary of the wilderness area or addition.
(f) Military Activities.--Nothing in this title precludes--
(1) low-level overflights of military aircraft over
the wilderness areas or wilderness additions designated
by section 423;
(2) the designation of new units of special airspace
over the wilderness areas or wilderness additions
designated by section 423; or
(3) the use or establishment of military flight
training routes over wilderness areas or wilderness
additions designated by section 423.
(g) Horses.--Nothing in this subtitle precludes horseback
riding in, or the entry of recreational or commercial saddle or
pack stock into, an area designated as a wilderness area or
wilderness addition by section 423--
(1) in accordance with section 4(d)(5) of the
Wilderness Act (16 U.S.C. 1133(d)(5)); and
(2) subject to such terms and conditions as the
Secretary determines to be necessary.
(h) Law Enforcement.--Nothing in this subtitle precludes any
law enforcement or drug interdiction effort within the
wilderness areas or wilderness additions designated by section
423 in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.).
(i) Withdrawal.--Subject to valid existing rights, the
wilderness areas and additions designated by section 423 are
withdrawn from--
(1) all forms of entry, appropriation, and disposal
under the public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) operation of the mineral materials and geothermal
leasing laws.
(j) Incorporation of Acquired Land and Interests.--Any land
within the boundary of a wilderness area or addition that is
acquired by the United States shall--
(1) become part of the wilderness area or addition in
which the land is located; and
(2) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable laws (including regulations).
(k) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such
terms and conditions as the Secretary may prescribe, the
Secretary may authorize the installation and maintenance of
hydrologic, meteorologic, or climatological collection devices
in a wilderness area or addition if the Secretary determines
that the facilities and access to the facilities is essential
to a flood warning, flood control, or water reservoir operation
activity.
(l) Authorized Events.--The Secretary of Agriculture may
authorize the Angeles Crest 100 competitive running event to
continue in substantially the same manner and degree in which
this event was operated and permitted in 2015 within additions
to the Sheep Mountain Wilderness in section 423 of this title
and the Pleasant View Ridge Wilderness Area designated by
section 1802 of the Omnibus Public Land Management Act of 2009,
provided that the event is authorized and conducted in a manner
compatible with the preservation of the areas as wilderness.
SEC. 425. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Designation.--Section 3(a) of the National Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at
the end the following:
``(__) East fork san gabriel river, california.--The
following segments of the East Fork San Gabriel River,
to be administered by the Secretary of Agriculture in
the following classes:
``(A) The 10-mile segment from the confluence
of the Prairie Fork and Vincent Gulch to 100
yards upstream of the Heaton Flats trailhead
and day use area, as a wild river.
``(B) The 2.7-mile segment from 100 yards
upstream of the Heaton Flats trailhead and day
use area to 100 yards upstream of the
confluence with Williams Canyon, as a
recreational river.
``(__) North fork san gabriel river, california.--The
4.3-mile segment of the North Fork San Gabriel River
from the confluence with Cloudburst Canyon to 0.25
miles upstream of the confluence with the West Fork San
Gabriel River, to be administered by the Secretary of
Agriculture as a recreational river.
``(__) West fork san gabriel river, california.--The
following segments of the West Fork San Gabriel River,
to be administered by the Secretary of Agriculture in
the following classes:
``(A) The 6.7-mile segment from 0.25 miles
downstream of its source near Red Box Gap in
sec. 14, T. 2 N., R. 12 W., to the confluence
with the unnamed tributary 0.25 miles
downstream of the power lines in sec. 22, T. 2
N., R. 11 W., as a recreational river.
``(B) The 1.6-mile segment of the West Fork
from 0.25 miles downstream of the powerlines in
sec. 22, T. 2 N., R. 11 W., to the confluence
with Bobcat Canyon, as a wild river.
``(__) Little rock creek, california.--The following
segments of Little Rock Creek and tributaries, to be
administered by the Secretary of Agriculture in the
following classes:
``(A) The 10.3-mile segment from its source
on Mt. Williamson in sec. 6, T. 3 N., R. 9 W.,
to 100 yards upstream of the confluence with
the South Fork Little Rock Creek, as a wild
river.
``(B) The 6.6-mile segment from 100 yards
upstream of the confluence with the South Fork
Little Rock Creek to the confluence with
Santiago Canyon, as a recreational river.
``(C) The 1-mile segment of Cooper Canyon
Creek from 0.25 miles downstream of Highway 2
to 100 yards downstream of Cooper Canyon
Campground, as a scenic river.
``(D) The 1.3-mile segment of Cooper Canyon
Creek from 100 yards downstream of Cooper
Canyon Campground to the confluence with Little
Rock Creek, as a wild river.
``(E) The 1-mile segment of Buckhorn Creek
from 100 yards downstream of the Buckhorn
Campground to its confluence with Cooper Canyon
Creek, as a wild river.''.
(b) Water Resource Facilities; and Water Use.--
(1) Water resource facilities.--
(A) Definition.--In this section, the term
``water resource facility'' means irrigation
and pumping facilities, dams and reservoirs,
flood control facilities, water conservation
works and facilities, including debris
protection facilities, sediment placement
sites, rain gauges and stream gauges, water
quality facilities, recycled water facilities
and water pumping, conveyance distribution
systems, water storage tanks and reservoirs,
and water treatment facilities, aqueducts,
canals, ditches, pipelines, wells, hydropower
projects, and transmission and other ancillary
facilities, groundwater recharge facilities,
water conservation, water filtration plants,
and other water diversion, conservation,
groundwater recharge, storage, and carriage
structures.
(B) No effect on existing water resource
facilities.--Nothing in this section shall
alter, modify, or affect--
(i) the use, operation, maintenance,
repair, construction, destruction,
reconfiguration, expansion, relocation
or replacement of a water resource
facility downstream of a wild and
scenic river segment designated by this
section, provided that the physical
structures of such facilities or
reservoirs shall not be located within
the river areas designated in this
section; or
(ii) access to a water resource
facility downstream of a wild and
scenic river segment designated by this
section.
(C) No effect on new water resource
facilities.--Nothing in this section shall
preclude the establishment of a new water
resource facilities (including instream sites,
routes, and areas) downstream of a wild and
scenic river segment.
(2) Limitation.--Any new reservation of water or new
use of water pursuant to existing water rights held by
the United States to advance the purposes of the
National Wild and Scenic Rivers Act (16 U.S.C. 1271 et
seq.) shall be for nonconsumptive instream use only
within the segments designated by this section.
(3) Existing law.--Nothing in this section affects
the implementation of the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
SEC. 426. WATER RIGHTS.
(a) Statutory Construction.--Nothing in this title, and no
action to implement this title--
(1) shall constitute an express or implied
reservation of any water or water right, or authorizing
an expansion of water use pursuant to existing water
rights held by the United States, with respect to the
San Gabriel Mountains National Monument, the land
designated as a wilderness area or wilderness addition
by section 423 or land adjacent to the wild and scenic
river segments designated by the amendment made by
section 425;
(2) shall affect, alter, modify, or condition any
water rights in the State in existence on the date of
the enactment of this Act, including any water rights
held by the United States;
(3) shall be construed as establishing a precedent
with regard to any future wilderness or wild and scenic
river designations;
(4) shall affect, alter, or modify the interpretation
of, or any designation, decision, adjudication or
action made pursuant to, any other Act; or
(5) shall be construed as limiting, altering,
modifying, or amending any of the interstate compacts
or equitable apportionment decrees that apportions
water among or between the State and any other State.
(b) State Water Law.--The Secretary shall comply with
applicable procedural and substantive requirements of the law
of the State in order to obtain and hold any water rights not
in existence on the date of the enactment of this Act with
respect to the San Gabriel Mountains National Monument,
wilderness areas and wilderness additions designated by section
423, and the wild and scenic rivers designated by amendment
made by section 425.
TITLE V--RIM OF THE VALLEY CORRIDOR PRESERVATION
SEC. 501. SHORT TITLE.
This title may be cited as the ``Rim of the Valley Corridor
Preservation Act''.
SEC. 502. BOUNDARY ADJUSTMENT; LAND ACQUISITION; ADMINISTRATION.
(a) Boundary Adjustment.--Section 507(c)(1) of the National
Parks and Recreation Act of 1978 (16 U.S.C. 460kk(c)(1)) is
amended in the first sentence by striking ``, which shall'' and
inserting `` and generally depicted as `Rim of the Valley Unit
Proposed Addition' on the map entitled `Rim of the Valley
Unit--Santa Monica Mountains National Recreation Area',
numbered 638/147,723, and dated September 2018. Both maps
shall''.
(b) Rim of the Valley Unit.--Section 507 of the National
Parks and Recreation Act of 1978 (16 U.S.C. 460kk) is amended
by adding at the end the following:
``(u) Rim of the Valley Unit.--(1) Not later than 3 years
after the date of the enactment of this subsection, the
Secretary shall update the general management plan for the
recreation area to reflect the boundaries designated on the map
referred to in subsection (c)(1) as the `Rim of the Valley
Unit' (hereafter in the subsection referred to as the `Rim of
the Valley Unit'). Subject to valid existing rights, the
Secretary shall administer the Rim of the Valley Unit, and any
land or interest in land acquired by the United States and
located within the boundaries of the Rim of the Valley Unit, as
part of the recreation area in accordance with the provisions
of this section and applicable laws and regulations.
``(2) The Secretary may acquire non-Federal land within the
boundaries of the Rim of the Valley Unit only through exchange,
donation, or purchase from a willing seller. Nothing in this
subsection authorizes the use of eminent domain to acquire land
or interests in land.
``(3) Nothing in this subsection or the application of the
management plan for the Rim of the Valley Unit shall be
construed to--
``(A) modify any provision of Federal, State, or
local law with respect to public access to or use of
non-Federal land;
``(B) create any liability, or affect any liability
under any other law, of any private property owner or
other owner of non-Federal land with respect to any
person injured on private property or other non-Federal
land;
``(C) affect the ownership, management, or other
rights relating to any non-Federal land (including any
interest in any non-Federal land);
``(D) require any local government to participate in
any program administered by the Secretary;
``(E) alter, modify, or diminish any right,
responsibility, power, authority, jurisdiction, or
entitlement of the State, any political subdivision of
the State, or any State or local agency under existing
Federal, State, and local law (including regulations);
``(F) require the creation of protective perimeters
or buffer zones, and the fact that certain activities
or land can be seen or heard from within the Rim of the
Valley Unit shall not, of itself, preclude the
activities or land uses up to the boundary of the Rim
of the Valley Unit;
``(G) require or promote use of, or encourage
trespass on, lands, facilities, and rights-of-way owned
by non-Federal entities, including water resource
facilities and public utilities, without the written
consent of the owner;
``(H) affect the operation, maintenance,
modification, construction, or expansion of any water
resource facility or utility facility located within or
adjacent to the Rim of the Valley Unit;
``(I) terminate the fee title to lands or customary
operation, maintenance, repair, and replacement
activities on or under such lands granted to public
agencies that are authorized pursuant to Federal or
State statute;
``(J) interfere with, obstruct, hinder, or delay the
exercise of any right to, or access to any water
resource facility or other facility or property
necessary or useful to access any water right to
operate any public water or utility system;
``(K) require initiation or reinitiation of
consultation with the United States Fish and Wildlife
Service under, or the application of provisions of, the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), or division A of subtitle III
of title 54, United States Code, concerning any action
or activity affecting water, water rights or water
management or water resource facilities within the Rim
of the Valley Unit; or
``(L) limit the Secretary's ability to update
applicable fire management plans, which may consider
fuels management strategies including managed natural
fire, prescribed fires, non-fire mechanical hazardous
fuel reduction activities, or post-fire remediation of
damage to natural and cultural resources.
``(4) The activities of a utility facility or water resource
facility shall take into consideration ways to reasonably avoid
or reduce the impact on the resources of the Rim of the Valley
Unit.
``(5) For the purpose of paragraph (4)--
``(A) the term `utility facility' means electric
substations, communication facilities, towers, poles,
and lines, ground wires, communications circuits, and
other structures, and related infrastructure; and
``(B) the term `water resource facility' means
irrigation and pumping facilities; dams and reservoirs;
flood control facilities; water conservation works,
including debris protection facilities, sediment
placement sites, rain gauges, and stream gauges; water
quality, recycled water, and pumping facilities;
conveyance distribution systems; water treatment
facilities; aqueducts; canals; ditches; pipelines;
wells; hydropower projects; transmission facilities;
and other ancillary facilities, groundwater recharge
facilities, water conservation, water filtration
plants, and other water diversion, conservation,
groundwater recharge, storage, and carriage
structures.''.
TITLE VI--WILD OLYMPICS WILDERNESS AND WILD AND SCENIC RIVERS
SEC. 601. SHORT TITLE.
This title may be cited as the ``Wild Olympics Wilderness and
Wild and Scenic Rivers Act''.
SEC. 602. DESIGNATION OF OLYMPIC NATIONAL FOREST WILDERNESS AREAS.
(a) In General.--In furtherance of the Wilderness Act (16
U.S.C. 1131 et seq.), the following Federal land in the Olympic
National Forest in the State of Washington comprising
approximately 126,554 acres, as generally depicted on the map
entitled ``Proposed Wild Olympics Wilderness and Wild and
Scenic Rivers Act'' and dated April 8, 2019 (referred to in
this section as the ``map''), is designated as wilderness and
as components of the National Wilderness Preservation System:
(1) Lost creek wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately
7,159 acres, as generally depicted on the map, which
shall be known as the ``Lost Creek Wilderness''.
(2) Rugged ridge wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately
5,956 acres, as generally depicted on the map, which
shall be known as the ``Rugged Ridge Wilderness''.
(3) Alckee creek wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately
1,787 acres, as generally depicted on the map, which
shall be known as the ``Alckee Creek Wilderness''.
(4) Gates of the elwha wilderness.--Certain Federal
land managed by the Forest Service, comprising
approximately 5,669 acres, as generally depicted on the
map, which shall be known as the ``Gates of the Elwha
Wilderness''.
(5) Buckhorn wilderness additions.--Certain Federal
land managed by the Forest Service, comprising
approximately 21,965 acres, as generally depicted on
the map, is incorporated in, and shall be managed as
part of, the ``Buckhorn Wilderness'', as designated by
section 3 of the Washington State Wilderness Act of
1984 (16 U.S.C. 1132 note; Public Law 98-339).
(6) Green mountain wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately
4,790 acres, as generally depicted on the map, which
shall be known as the ``Green Mountain Wilderness''.
(7) The brothers wilderness additions.--Certain land
managed by the Forest Service, comprising approximately
8,625 acres, as generally depicted on the map, is
incorporated in, and shall be managed as part of, the
``The Brothers Wilderness'', as designated by section 3
of the Washington State Wilderness Act of 1984 (16
U.S.C. 1132 note; Public Law 98-339).
(8) Mount skokomish wilderness additions.--Certain
land managed by the Forest Service, comprising
approximately 8,933 acres, as generally depicted on the
map, is incorporated in, and shall be managed as part
of, the ``Mount Skokomish Wilderness'', as designated
by section 3 of the Washington State Wilderness Act of
1984 (16 U.S.C. 1132 note; Public Law 98-339).
(9) Wonder mountain wilderness additions.--Certain
land managed by the Forest Service, comprising
approximately 26,517 acres, as generally depicted on
the map, is incorporated in, and shall be managed as
part of, the ``Wonder Mountain Wilderness'', as
designated by section 3 of the Washington State
Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(10) Moonlight dome wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately
9,117 acres, as generally depicted on the map, which
shall be known as the ``Moonlight Dome Wilderness''.
(11) South quinault ridge wilderness.--Certain
Federal land managed by the Forest Service, comprising
approximately 10,887 acres, as generally depicted on
the map, which shall be known as the ``South Quinault
Ridge Wilderness''.
(12) Colonel bob wilderness additions.--Certain
Federal land managed by the Forest Service, comprising
approximately 353 acres, as generally depicted on the
map, is incorporated in, and shall be managed as part
of, the ``Colonel Bob Wilderness'', as designated by
section 3 of the Washington State Wilderness Act of
1984 (16 U.S.C. 1132 note; Public Law 98-339).
(13) Sam's river wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately
13,418 acres, as generally depicted on the map, which
shall be known as the ``Sam's River Wilderness''.
(14) Canoe creek wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately
1,378 acres, as generally depicted on the map, which
shall be known as the ``Canoe Creek Wilderness''.
(b) Administration.--
(1) Management.--Subject to valid existing rights,
the land designated as wilderness by subsection (a)
shall be administered by the Secretary of Agriculture
(referred to in this section as the ``Secretary''), in
accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that any reference in that Act to the
effective date of that Act shall be considered to be a
reference to the date of enactment of this Act.
(2) Map and description.--
(A) In general.--As soon as practicable after
the date of enactment of this Act, the
Secretary shall file a map and a legal
description of the land designated as
wilderness by subsection (a) with--
(i) the Committee on Natural
Resources of the House of
Representatives; and
(ii) the Committee on Energy and
Natural Resources of the Senate.
(B) Effect.--Each map and legal description
filed under subparagraph (A) shall have the
same force and effect as if included in this
title, except that the Secretary may correct
minor errors in the map and legal description.
(C) Public availability.--Each map and legal
description filed under subparagraph (A) shall
be filed and made available for public
inspection in the appropriate office of the
Forest Service.
(c) Potential Wilderness.--
(1) In general.--In furtherance of the purposes of
the Wilderness Act (16 U.S.C. 1131 et seq.), certain
Federal land managed by the Forest Service, comprising
approximately 5,346 acres as identified as ``Potential
Wilderness'' on the map, is designated as potential
wilderness.
(2) Designation as wilderness.--On the date on which
the Secretary publishes in the Federal Register notice
that any nonconforming uses in the potential wilderness
designated by paragraph (1) have terminated, the
potential wilderness shall be--
(A) designated as wilderness and as a
component of the National Wilderness
Preservation System; and
(B) incorporated into the adjacent wilderness
area.
(d) Adjacent Management.--
(1) No protective perimeters or buffer zones.--The
designations in this section shall not create a
protective perimeter or buffer zone around any
wilderness area.
(2) Nonconforming uses permitted outside of
boundaries of wilderness areas.--Any activity or use
outside of the boundary of any wilderness area
designated under this section shall be permitted even
if the activity or use would be seen or heard within
the boundary of the wilderness area.
(e) Fire, Insects, and Diseases.--The Secretary may take such
measures as are necessary to control fire, insects, and
diseases, in the wilderness areas designated by this section,
in accordance with section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)) and subject to such terms and conditions as
the Secretary determines to be appropriate.
SEC. 603. WILD AND SCENIC RIVER DESIGNATIONS.
(a) In General.--Section 3(a) of the National Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end
the following:
``(231) Elwha river, washington.--The approximately
29.0-mile segment of the Elwha River and tributaries
from the source to Cat Creek, to be administered by the
Secretary of the Interior as a wild river.
``(232) Dungeness river, washington.--The segment of
the Dungeness River from the headwaters to the State of
Washington Department of Natural Resources land in T.
29 N., R. 4 W., sec. 12, to be administered by the
Secretary of Agriculture, except that portions of the
river within the boundaries of Olympic National Park
shall be administered by the Secretary of the Interior,
including the following segments of the mainstem and
major tributary the Gray Wolf River, in the following
classes:
``(A) The approximately 5.8-mile segment of
the Dungeness River from the headwaters to the
2870 Bridge, as a wild river.
``(B) The approximately 2.1-mile segment of
the Dungeness River from the 2870 Bridge to
Silver Creek, as a scenic river.
``(C) The approximately 2.7-mile segment of
the Dungeness River from Silver Creek to Sleepy
Hollow Creek, as a wild river.
``(D) The approximately 6.3-mile segment of
the Dungeness River from Sleepy Hollow Creek to
the Olympic National Forest boundary, as a
scenic river.
``(E) The approximately 1.9-mile segment of
the Dungeness River from the National Forest
boundary to the State of Washington Department
of Natural Resources land in T. 29 N., R. 4 W.,
sec. 12, to be administered as a recreational
river through a cooperative management
agreement between the State of Washington and
the Secretary of Agriculture as provided in
section 10(e) of the Wild and Scenic Rivers Act
(16 U.S.C. 1281(e)).
``(F) The approximately 16.1-mile segment of
the Gray Wolf River from the headwaters to the
2870 Bridge, as a wild river.
``(G) The approximately 1.1-mile segment of
the Gray Wolf River from the 2870 Bridge to the
confluence with the Dungeness River, as a
scenic river.
``(233) Big quilcene river, washington.--The segment
of the Big Quilcene River from the headwaters to the
City of Port Townsend water intake facility, to be
administered by the Secretary of Agriculture, in the
following classes:
``(A) The approximately 4.4-mile segment from
the headwaters to the Buckhorn Wilderness
boundary, as a wild river.
``(B) The approximately 5.3-mile segment from
the Buckhorn Wilderness boundary to the City of
Port Townsend water intake facility, as a
scenic river.
``(C) Section 7(a), with respect to the
licensing of dams, water conduits, reservoirs,
powerhouses, transmission lines, or other
project works, shall apply to the approximately
5-mile segment from the City of Port Townsend
water intake facility to the Olympic National
Forest boundary.
``(234) Dosewallips river, washington.--The segment
of the Dosewallips River from the headwaters to the
private land in T. 26 N., R. 3 W., sec. 15, to be
administered by the Secretary of Agriculture, except
that portions of the river within the boundaries of
Olympic National Park shall be administered by the
Secretary of the Interior, in the following classes:
``(A) The approximately 12.9-mile segment
from the headwaters to Station Creek, as a wild
river.
``(B) The approximately 6.8-mile segment from
Station Creek to the private land in T. 26 N.,
R. 3 W., sec. 15, as a scenic river.
``(235) Duckabush river, washington.--The segment of
the Duckabush River from the headwaters to the private
land in T. 25 N., R. 3 W., sec. 1, to be administered
by the Secretary of Agriculture, except that portions
of the river within the boundaries of Olympic National
Park shall be administered by the Secretary of the
Interior, in the following classes:
``(A) The approximately 19.0-mile segment
from the headwaters to the Brothers Wilderness
boundary, as a wild river.
``(B) The approximately 1.9-mile segment from
the Brothers Wilderness boundary to the private
land in T. 25 N., R. 3 W., sec. 1, as a scenic
river.
``(236) Hamma hamma river, washington.--The segment
of the Hamma Hamma River from the headwaters to the
eastern edge of the NW1/4 sec. 21, T. 24 N., R. 3 W.,
to be administered by the Secretary of Agriculture, in
the following classes:
``(A) The approximately 3.1-mile segment from
the headwaters to the Mt. Skokomish Wilderness
boundary, as a wild river.
``(B) The approximately 5.8-mile segment from
the Mt. Skokomish Wilderness boundary to Lena
Creek, as a scenic river.
``(C) The approximately 6.8-mile segment from
Lena Creek to the eastern edge of the NW1/4
sec. 21, T. 24 N., R. 3 W., to be administered
as a recreational river through a cooperative
management agreement between the State of
Washington and the Secretary of Agriculture as
provided in section 10(e) of the Wild and
Scenic Rivers Act (16 U.S.C. 1281(e)).
``(237) South fork skokomish river, washington.--The
segment of the South Fork Skokomish River from the
headwaters to the Olympic National Forest boundary to
be administered by the Secretary of Agriculture, in the
following classes:
``(A) The approximately 6.7-mile segment from
the headwaters to Church Creek, as a wild
river.
``(B) The approximately 8.3-mile segment from
Church Creek to LeBar Creek, as a scenic river.
``(C) The approximately 4.0-mile segment from
LeBar Creek to upper end of gorge in the NW1/4
sec. 22, T. 22 N., R. 5 W., as a recreational
river.
``(D) The approximately 6.0-mile segment from
the upper end of the gorge to the Olympic
National Forest boundary, as a scenic river.
``(238) Middle fork satsop river, washington.--The
approximately 7.9-mile segment of the Middle Fork
Satsop River from the headwaters to the Olympic
National Forest boundary, to be administered by the
Secretary of Agriculture, as a scenic river.
``(239) West fork satsop river, washington.--The
approximately 8.2-mile segment of the West Fork Satsop
River from the headwaters to the Olympic National
Forest boundary, to be administered by the Secretary of
Agriculture, as a scenic river.
``(240) Wynoochee river, washington.--The segment of
the Wynoochee River from the headwaters to the head of
Wynoochee Reservoir to be administered by the Secretary
of Agriculture, except that portions of the river
within the boundaries of Olympic National Park shall be
administered by the Secretary of the Interior, in the
following classes:
``(A) The approximately 2.5-mile segment from
the headwaters to the boundary of the Wonder
Mountain Wilderness, as a wild river.
``(B) The approximately 7.4-mile segment from
the boundary of the Wonder Mountain Wilderness
to the head of Wynoochee Reservoir, as a
recreational river.
``(241) East fork humptulips river, washington.--The
segment of the East Fork Humptulips River from the
headwaters to the Olympic National Forest boundary to
be administered by the Secretary of Agriculture, in the
following classes:
``(A) The approximately 7.4-mile segment from
the headwaters to the Moonlight Dome Wilderness
boundary, as a wild river.
``(B) The approximately 10.3-mile segment
from the Moonlight Dome Wilderness boundary to
the Olympic National Forest boundary, as a
scenic river.
``(242) West fork humptulips river, washington.--The
approximately 21.4-mile segment of the West Fork
Humptulips River from the headwaters to the Olympic
National Forest Boundary, to be administered by the
Secretary of Agriculture, as a scenic river.
``(243) Quinault river, washington.--The segment of
the Quinault River from the headwaters to private land
in T. 24 N., R. 8 W., sec. 33, to be administered by
the Secretary of the Interior, in the following
classes:
``(A) The approximately 16.5-mile segment
from the headwaters to Graves Creek, as a wild
river.
``(B) The approximately 6.7-mile segment from
Graves Creek to Cannings Creek, as a scenic
river.
``(C) The approximately 1.0-mile segment from
Cannings Creek to private land in T. 24 N., R.
8 W., sec. 33, as a recreational river.
``(244) Queets river, washington.--The segment of the
Queets River from the headwaters to the Olympic
National Park boundary to be administered by the
Secretary of the Interior, except that portions of the
river outside the boundaries of Olympic National Park
shall be administered by the Secretary of Agriculture,
including the following segments of the mainstem and
certain tributaries in the following classes:
``(A) The approximately 28.6-mile segment of
the Queets River from the headwaters to the
confluence with Sams River, as a wild river.
``(B) The approximately 16.0-mile segment of
the Queets River from the confluence with Sams
River to the Olympic National Park boundary, as
a scenic river.
``(C) The approximately 15.7-mile segment of
the Sams River from the headwaters to the
confluence with the Queets River, as a scenic
river.
``(D) The approximately 17.7-mile segment of
Matheny Creek from the headwaters to the
confluence with the Queets River, to be
administered as a scenic river through a
cooperative management agreement between the
State of Washington and the Secretary of
Agriculture as provided in section 10(e) of the
Wild and Scenic Rivers Act (16 U.S.C. 1281(e)).
``(245) Hoh river, washington.--The segment of the
Hoh River and the major tributary South Fork Hoh from
the headwaters to Olympic National Park boundary, to be
administered by the Secretary of the Interior, in the
following classes:
``(A) The approximately 20.7-mile segment of
the Hoh River from the headwaters to Jackson
Creek, as a wild river.
``(B) The approximately 6.0-mile segment of
the Hoh River from Jackson Creek to the Olympic
National Park boundary, as a scenic river.
``(C) The approximately 13.8-mile segment of
the South Fork Hoh River from the headwaters to
the Olympic National Park boundary, as a wild
river.
``(D) The approximately 4.6-mile segment of
the South Fork Hoh River from the Olympic
National Park boundary to the Washington State
Department of Natural Resources boundary in T.
27 N., R. 10 W., sec. 29, to be administered as
a recreational river through a cooperative
management agreement between the State of
Washington and the Secretary of Agriculture as
provided in section 10(e) of the Wild and
Scenic Rivers Act (16 U.S.C. 1281(e)).
``(246) Bogachiel river, washington.--The
approximately 25.6-mile segment of the Bogachiel River
from the source to the Olympic National Park boundary,
to be administered by the Secretary of the Interior, as
a wild river.
``(247) South fork calawah river, washington.--The
segment of the South Fork Calawah River and the major
tributary Sitkum River from the headwaters to Hyas
Creek to be administered by the Secretary of
Agriculture, except those portions of the river within
the boundaries of Olympic National Park shall be
administered by the Secretary of the Interior,
including the following segments in the following
classes:
``(A) The approximately 15.7-mile segment of
the South Fork Calawah River from the
headwaters to the Sitkum River, as a wild
river.
``(B) The approximately 0.9-mile segment of
the South Fork Calawah River from the Sitkum
River to Hyas Creek, as a scenic river.
``(C) The approximately 1.6-mile segment of
the Sitkum River from the headwaters to the
Rugged Ridge Wilderness boundary, as a wild
river.
``(D) The approximately 11.9-mile segment of
the Sitkum River from the Rugged Ridge
Wilderness boundary to the confluence with the
South Fork Calawah, as a scenic river.
``(248) Sol duc river, washington.--The segment of
the Sol Duc River from the headwaters to the Olympic
National Park boundary to be administered by the
Secretary of the Interior, including the following
segments of the mainstem and certain tributaries in the
following classes:
``(A) The approximately 7.0-mile segment of
the Sol Duc River from the headwaters to the
end of Sol Duc Hot Springs Road, as a wild
river.
``(B) The approximately 10.8-mile segment of
the Sol Duc River from the end of Sol Duc Hot
Springs Road to the Olympic National Park
boundary, as a scenic river.
``(C) The approximately 14.2-mile segment of
the North Fork Sol Duc River from the
headwaters to the Olympic Hot Springs Road
bridge, as a wild river.
``(D) The approximately 0.2-mile segment of
the North Fork Sol Duc River from the Olympic
Hot Springs Road bridge to the confluence with
the Sol Duc River, as a scenic river.
``(E) The approximately 8.0-mile segment of
the South Fork Sol Duc River from the
headwaters to the confluence with the Sol Duc
River, as a scenic river.
``(249) Lyre river, washington.--The approximately
0.2-mile segment of the Lyre River from Lake Crescent
to the Olympic National Park boundary, to be
administered by the Secretary of the Interior as a
scenic river.''.
(b) Effect.--The amendment made by subsection (a) does not
affect valid existing water rights.
(c) Updates to Land and Resource Management Plans.--
(1) In general.--Except as provided in paragraph (2),
not later than 3 years after the date of the enactment
of this Act, the Secretary of Agriculture shall, with
respect to the designations made under subsection (a)
on lands under the jurisdiction of the Secretary,
incorporate such designations into updated management
plans for units of the National Forest System in
accordance with applicable laws (including
regulations).
(2) Exception.--The date specified in paragraph (1)
shall be 5 years after the date of the enactment of
this Act if the Secretary of Agriculture--
(A) is unable to meet the requirement under
such paragraph by the date specified in such
paragraph; and
(B) not later than 3 years after the date of
the enactment of this Act, includes in the
Department of Agriculture annual budget
submission to Congress a request for additional
sums as may be necessary to meet the
requirement of such paragraph.
(3) Comprehensive management plan requirements.--
Updated management plans under paragraph (1) or (2)
satisfy the requirements under section 3(d) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(d)).
SEC. 604. EXISTING RIGHTS AND WITHDRAWAL.
(a) In General.--In accordance with section 12(b) of the
National Wild and Scenic Rivers Act (16 U.S.C. 1283(b)),
nothing in this title or the amendment made by section 603(a)
affects or abrogates existing rights, privileges, or contracts
held by private parties, nor does this title in any way modify
or direct the management, acquisition, or disposition of lands
managed by the Washington Department of Natural Resources on
behalf of the State of Washington.
(b) Withdrawal.--Subject to valid existing rights, the
Federal land within the boundaries of the river segments
designated by this title and the amendment made by section
603(a) is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
SEC. 605. TREATY RIGHTS.
Nothing in this title alters, modifies, diminishes, or
extinguishes the reserved treaty rights of any Indian tribe
with hunting, fishing, gathering, and cultural or religious
rights in the Olympic National Forest as protected by a treaty.
TITLE VII--STUDY ON FLOOD RISK MITIGATION
SEC. 701. STUDY ON FLOOD RISK MITIGATION.
The Comptroller General shall conduct a study to determine
the contributions of wilderness designations under this
division to protections to flood risk mitigation in residential
areas.
TITLE VIII--MISCELLANEOUS
SEC. 801. PROMOTING HEALTH AND WELLNESS FOR VETERANS AND
SERVICEMEMBERS.
The Secretary of Interior and the Secretary of Agriculture
are encouraged to ensure servicemember and veteran access to
public lands designed by this division for the purposes of
outdoor recreation and to participate in outdoor-related
volunteer and wellness programs.
SEC. 802. FIRE, INSECTS, AND DISEASES.
Nothing in this division may be construed to limit the
authority of the Secretary of the Interior or the Secretary of
Agriculture under section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)), in accordance with existing laws (including
regulations).
SEC. 803. MILITARY ACTIVITIES.
Nothing in this division precludes--
(1) low-level overflights of military aircraft over
wilderness areas;
(2) the designation of new units of special airspace
over wilderness areas; or
(3) the establishment of military flight training
routes over wilderness areas.
----------
8. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee, Debatable for 10 Minutes
Page 1242, after line 21, insert the following:
SEC. 2846. GRAND CANYON CENTENNIAL PROTECTION ACT.
(a) Short Title.--This section may be cited as the ``Grand
Canyon Centennial Protection Act''.
(b) Withdrawal of Certain Federal Land in the State of
Arizona.--
(1) Definition of map.--In this section, the term
``Map'' means the map prepared by the Bureau of Land
Management entitled ``Grand Canyon Centennial
Protection Act'' and dated July 11, 2019.
(2) Withdrawal.--Subject to valid existing rights,
the approximately 1,006,545 acres of Federal land in
the State of Arizona, generally depicted on the Map as
``Federal Mineral Estate to be Withdrawn'', including
any land or interest in land that is acquired by the
United States after the date of the enactment of this
section, are hereby withdrawn from--
(A) all forms of entry, appropriation, and
disposal under the public land laws;
(B) location, entry, and patent under the
mining laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(3) Availability of map.--The Map shall be kept on
file and made available for public inspection in the
appropriate offices of the Forest Service and the
Bureau of Land Management.
Page 1455, after line 25, insert the following:
DIVISION F--COLORADO OUTDOOR RECREATION AND ECONOMY ACT
SEC. 6001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Colorado Outdoor Recreation and Economy Act''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION F--COLORADO OUTDOOR RECREATION AND ECONOMY ACT
Sec. 6001. Short title; table of contents.
Sec. 6002. Definition of State.
TITLE I--CONTINENTAL DIVIDE
Sec. 6101. Definitions.
Sec. 6102. Colorado Wilderness additions.
Sec. 6103. Williams Fork Mountains Wilderness.
Sec. 6104. Tenmile Recreation Management Area.
Sec. 6105. Porcupine Gulch Wildlife Conservation Area.
Sec. 6106. Williams Fork Mountains Wildlife Conservation Area.
Sec. 6107. Camp Hale National Historic Landscape.
Sec. 6108. White River National Forest Boundary modification.
Sec. 6109. Rocky Mountain National Park Potential Wilderness Boundary
adjustment.
Sec. 6110. Administrative provisions.
TITLE II--SAN JUAN MOUNTAINS
Sec. 6201. Definitions.
Sec. 6202. Additions to National Wilderness Preservation System.
Sec. 6203. Special management areas.
Sec. 6204. Release of wilderness study areas.
Sec. 6205. Administrative provisions.
TITLE III--THOMPSON DIVIDE
Sec. 6301. Purposes.
Sec. 6302. Definitions.
Sec. 6303. Thompson Divide Withdrawal and Protection Area.
Sec. 6304. Thompson Divide lease exchange.
Sec. 6305. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program.
Sec. 6306. Effect.
TITLE IV--CURECANTI NATIONAL RECREATION AREA
Sec. 6401. Definitions.
Sec. 6402. Curecanti National Recreation Area.
Sec. 6403. Acquisition of land; boundary management.
Sec. 6404. General management plan.
Sec. 6405. Boundary survey.
SEC. 6002. DEFINITION OF STATE.
In this division, the term ``State'' means the State of
Colorado.
TITLE I--CONTINENTAL DIVIDE
SEC. 6101. DEFINITIONS.
In this title:
(1) Covered area.--The term ``covered area'' means
any area designated as wilderness by the amendments to
section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) made by section
6102(a).
(2) Historic landscape.--The term ``Historic
Landscape'' means the Camp Hale National Historic
Landscape designated by section 6107(a).
(3) Recreation management area.--The term
``Recreation Management Area'' means the Tenmile
Recreation Management Area designated by section
6104(a).
(4) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.
(5) Wildlife conservation area.--The term ``Wildlife
Conservation Area'' means, as applicable--
(A) the Porcupine Gulch Wildlife Conservation
Area designated by section 6105(a); and
(B) the Williams Fork Mountains Wildlife
Conservation Area designated by section
6106(a).
SEC. 6102. COLORADO WILDERNESS ADDITIONS.
(a) Designation.--Section 2(a) of the Colorado Wilderness Act
of 1993 (16 U.S.C. 1132 note; Public Law 103-77) is amended--
(1) in paragraph (18), by striking ``1993,'' and
inserting ``1993, and certain Federal land within the
White River National Forest that comprises
approximately 6,896 acres, as generally depicted as
`Proposed Ptarmigan Peak Wilderness Additions' on the
map entitled `Proposed Ptarmigan Peak Wilderness
Additions' and dated June 24, 2019,''; and
(2) by adding at the end the following:
``(23) Holy cross wilderness addition.--Certain
Federal land within the White River National Forest
that comprises approximately 3,866 acres, as generally
depicted as `Proposed Megan Dickie Wilderness Addition'
on the map entitled `Holy Cross Wilderness Addition
Proposal' and dated June 24, 2019, which shall be
incorporated into, and managed as part of, the Holy
Cross Wilderness designated by section 102(a)(5) of
Public Law 96-560 (94 Stat. 3266).
``(24) Hoosier ridge wilderness.--Certain Federal
land within the White River National Forest that
comprises approximately 5,235 acres, as generally
depicted as `Proposed Hoosier Ridge Wilderness' on the
map entitled `Tenmile Proposal' and dated June 24,
2019, which shall be known as the `Hoosier Ridge
Wilderness'.
``(25) Tenmile wilderness.--Certain Federal land
within the White River National Forest that comprises
approximately 7,624 acres, as generally depicted as
`Proposed Tenmile Wilderness' on the map entitled
`Tenmile Proposal' and dated June 24, 2019, which shall
be known as the `Tenmile Wilderness'.
``(26) Eagles nest wilderness additions.--Certain
Federal land within the White River National Forest
that comprises approximately 9,670 acres, as generally
depicted as `Proposed Freeman Creek Wilderness
Addition' and `Proposed Spraddle Creek Wilderness
Addition' on the map entitled `Eagles Nest Wilderness
Additions Proposal' and dated June 24, 2019, which
shall be incorporated into, and managed as part of, the
Eagles Nest Wilderness designated by Public Law 94-352
(90 Stat. 870).''.
(b) Applicable Law.--Any reference in the Wilderness Act (16
U.S.C. 1131 et seq.) to the effective date of that Act shall be
considered to be a reference to the date of enactment of this
Act for purposes of administering a covered area.
(c) Fire, Insects, and Diseases.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the
Secretary may carry out any activity in a covered area that the
Secretary determines to be necessary for the control of fire,
insects, and diseases, subject to such terms and conditions as
the Secretary determines to be appropriate.
(d) Grazing.--The grazing of livestock on a covered area, if
established before the date of enactment of this Act, shall be
permitted to continue subject to such reasonable regulations as
are considered to be necessary by the Secretary, in accordance
with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs
of the House of Representatives accompanying H.R. 2570
of the 101st Congress (H. Rept. 101-405).
(e) Coordination.--For purposes of administering the Federal
land designated as wilderness by paragraph (26) of section 2(a)
of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) (as added by subsection (a)(2)), the
Secretary shall, as determined to be appropriate for the
protection of watersheds, coordinate the activities of the
Secretary in response to fires and flooding events with
interested State and local agencies, including operations using
aircraft or mechanized equipment.
SEC. 6103. WILLIAMS FORK MOUNTAINS WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land
in the White River National Forest in the State, comprising
approximately 8,036 acres and generally depicted as ``Proposed
Williams Fork Mountains Wilderness'' on the map entitled
``Williams Fork Mountains Proposal'' and dated June 24, 2019,
is designated as a potential wilderness area.
(b) Management.--Subject to valid existing rights and except
as provided in subsection (d), the potential wilderness area
designated by subsection (a) shall be managed in accordance
with--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) this section.
(c) Livestock Use of Vacant Allotments.--
(1) In general.--Not later than 3 years after the
date of enactment of this Act, in accordance with
applicable laws (including regulations), the Secretary
shall publish a determination regarding whether to
authorize livestock grazing or other use by livestock
on the vacant allotments known as--
(A) the ``Big Hole Allotment''; and
(B) the ``Blue Ridge Allotment''.
(2) Modification of allotments.--In publishing a
determination pursuant to paragraph (1), the Secretary
may modify or combine the vacant allotments referred to
in that paragraph.
(3) Permit or other authorization.--Not later than 1
year after the date on which a determination of the
Secretary to authorize livestock grazing or other use
by livestock is published under paragraph (1), if
applicable, the Secretary shall grant a permit or other
authorization for that livestock grazing or other use
in accordance with applicable laws (including
regulations).
(d) Range Improvements.--
(1) In general.--If the Secretary permits livestock
grazing or other use by livestock on the potential
wilderness area under subsection (c), the Secretary, or
a third party authorized by the Secretary, may use any
motorized or mechanized transport or equipment for
purposes of constructing or rehabilitating such range
improvements as are necessary to obtain appropriate
livestock management objectives (including habitat and
watershed restoration).
(2) Termination of authority.--The authority provided
by this subsection terminates on the date that is 2
years after the date on which the Secretary publishes a
positive determination under subsection (c)(3).
(e) Designation as Wilderness.--
(1) Designation.--The potential wilderness area
designated by subsection (a) shall be designated as
wilderness, to be known as the ``Williams Fork
Mountains Wilderness''--
(A) effective not earlier than the date that
is 180 days after the date of enactment this
Act; and
(B) on the earliest of--
(i) the date on which the Secretary
publishes in the Federal Register a
notice that the construction or
rehabilitation of range improvements
under subsection (d) is complete;
(ii) the date described in subsection
(d)(2); and
(iii) the effective date of a
determination of the Secretary not to
authorize livestock grazing or other
use by livestock under subsection
(c)(1).
(2) Administration.--Subject to valid existing
rights, the Secretary shall manage the Williams Fork
Mountains Wilderness in accordance with--
(A) the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77); and
(B) this title.
SEC. 6104. TENMILE RECREATION MANAGEMENT AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 17,122 acres of Federal land in the White River
National Forest in the State, as generally depicted as
``Proposed Tenmile Recreation Management Area'' on the map
entitled ``Tenmile Proposal'' and dated June 24, 2019, are
designated as the ``Tenmile Recreation Management Area''.
(b) Purposes.--The purposes of the Recreation Management Area
are to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the recreational,
scenic, watershed, habitat, and ecological resources of the
Recreation Management Area.
(c) Management.--
(1) In general.--The Secretary shall manage the
Recreation Management Area--
(A) in a manner that conserves, protects, and
enhances--
(i) the purposes of the Recreation
Management Area described in subsection
(b); and
(ii) recreation opportunities,
including mountain biking, hiking,
fishing, horseback riding, snowshoeing,
climbing, skiing, camping, and hunting;
and
(B) in accordance with--
(i) the Forest and Rangeland
Renewable Resources Planning Act of
1974 (16 U.S.C. 1600 et seq.);
(ii) any other applicable laws
(including regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only
allow such uses of the Recreation Management
Area as the Secretary determines would further
the purposes described in subsection (b).
(B) Vehicles.--
(i) In general.--Except as provided
in clause (iii), the use of motorized
vehicles in the Recreation Management
Area shall be limited to the roads,
vehicle classes, and periods authorized
for motorized vehicle use on the date
of enactment of this Act.
(ii) New or temporary roads.--Except
as provided in clause (iii), no new or
temporary road shall be constructed in
the Recreation Management Area.
(iii) Exceptions.--Nothing in clause
(i) or (ii) prevents the Secretary
from--
(I) rerouting or closing an
existing road or trail to
protect natural resources from
degradation, as the Secretary
determines to be appropriate;
(II) authorizing the use of
motorized vehicles for
administrative purposes or
roadside camping;
(III) constructing temporary
roads or permitting the use of
motorized vehicles to carry out
pre- or post-fire watershed
protection projects;
(IV) authorizing the use of
motorized vehicles to carry out
any activity described in
subsection (d), (e)(1), or (f);
or
(V) responding to an
emergency.
(C) Commercial timber.--
(i) In general.--Subject to clause
(ii), no project shall be carried out
in the Recreation Management Area for
the purpose of harvesting commercial
timber.
(ii) Limitation.--Nothing in clause
(i) prevents the Secretary from
harvesting or selling a merchantable
product that is a byproduct of an
activity authorized under this section.
(d) Fire, Insects, and Diseases.--The Secretary may carry out
any activity, in accordance with applicable laws (including
regulations), that the Secretary determines to be necessary to
prevent, control, or mitigate fire, insects, or disease in the
Recreation Management Area, subject to such terms and
conditions as the Secretary determines to be appropriate.
(e) Water.--
(1) Effect on water management infrastructure.--
Nothing in this section affects the construction,
repair, reconstruction, replacement, operation,
maintenance, or renovation within the Recreation
Management Area of--
(A) water management infrastructure in
existence on the date of enactment of this Act;
or
(B) any future infrastructure necessary for
the development or exercise of water rights
decreed before the date of enactment of this
Act.
(2) Applicable law.--Section 3(e) of the James Peak
Wilderness and Protection Area Act (Public Law 107-216;
116 Stat. 1058) shall apply to the Recreation
Management Area.
(f) Regional Transportation Projects.--Nothing in this
section precludes the Secretary from authorizing, in accordance
with applicable laws (including regulations), the use or
leasing of Federal land within the Recreation Management Area
for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation
systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(g) Applicable Law.--Nothing in this section affects the
designation of the Federal land within the Recreation
Management Area for purposes of--
(1) section 138 of title 23, United States Code; or
(2) section 303 of title 49, United States Code.
(h) Permits.--Nothing in this section alters or limits--
(1) any permit held by a ski area or other entity; or
(2) the acceptance, review, or implementation of
associated activities or facilities proposed or
authorized by law or permit outside the boundaries of
the Recreation Management Area.
SEC. 6105. PORCUPINE GULCH WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 8,287 acres of Federal land located in the White
River National Forest, as generally depicted as ``Proposed
Porcupine Gulch Wildlife Conservation Area'' on the map
entitled ``Porcupine Gulch Wildlife Conservation Area
Proposal'' and dated June 24, 2019, are designated as the
``Porcupine Gulch Wildlife Conservation Area'' (referred to in
this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area
are--
(1) to conserve and protect a wildlife migration
corridor over Interstate 70; and
(2) to conserve, protect, and enhance for the benefit
and enjoyment of present and future generations the
wildlife, scenic, roadless, watershed, and ecological
resources of the Wildlife Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the
Wildlife Conservation Area--
(A) in a manner that conserves, protects, and
enhances the purposes described in subsection
(b); and
(B) in accordance with--
(i) the Forest and Rangeland
Renewable Resources Planning Act of
1974 (16 U.S.C. 1600 et seq.);
(ii) any other applicable laws
(including regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only
allow such uses of the Wildlife Conservation
Area as the Secretary determines would further
the purposes described in subsection (b).
(B) Recreation.--The Secretary may permit
such recreational activities in the Wildlife
Conservation Area that the Secretary determines
are consistent with the purposes described in
subsection (b).
(C) Motorized vehicles and mechanized
transport; new or temporary roads.--
(i) Motorized vehicles and mechanized
transport.--Except as provided in
clause (iii), the use of motorized
vehicles and mechanized transport in
the Wildlife Conservation Area shall be
prohibited.
(ii) New or temporary roads.--Except
as provided in clause (iii) and
subsection (e), no new or temporary
road shall be constructed within the
Wildlife Conservation Area.
(iii) Exceptions.--Nothing in clause
(i) or (ii) prevents the Secretary
from--
(I) authorizing the use of
motorized vehicles or
mechanized transport for
administrative purposes;
(II) constructing temporary
roads or permitting the use of
motorized vehicles or
mechanized transport to carry
out pre- or post-fire watershed
protection projects;
(III) authorizing the use of
motorized vehicles or
mechanized transport to carry
out activities described in
subsection (d) or (e); or
(IV) responding to an
emergency.
(D) Commercial timber.--
(i) In general.--Subject to clause
(ii), no project shall be carried out
in the Wildlife Conservation Area for
the purpose of harvesting commercial
timber.
(ii) Limitation.--Nothing in clause
(i) prevents the Secretary from
harvesting or selling a merchantable
product that is a byproduct of an
activity authorized under this section.
(d) Fire, Insects, and Diseases.--The Secretary may carry out
any activity, in accordance with applicable laws (including
regulations), that the Secretary determines to be necessary to
prevent, control, or mitigate fire, insects, or disease in the
Wildlife Conservation Area, subject to such terms and
conditions as the Secretary determines to be appropriate.
(e) Regional Transportation Projects.--Nothing in this
section or section 6110(e) precludes the Secretary from
authorizing, in accordance with applicable laws (including
regulations), the use or leasing of Federal land within the
Wildlife Conservation Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation
systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(f) Applicable Law.--Nothing in this section affects the
designation of the Federal land within the Wildlife
Conservation Area for purposes of--
(1) section 138 of title 23, United States Code; or
(2) section 303 of title 49, United States Code.
(g) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall
apply to the Wildlife Conservation Area.
SEC. 6106. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 3,528 acres of Federal land in the White River
National Forest in the State, as generally depicted as
``Proposed Williams Fork Mountains Wildlife Conservation Area''
on the map entitled ``Williams Fork Mountains Proposal'' and
dated June 24, 2019, are designated as the ``Williams Fork
Mountains Wildlife Conservation Area'' (referred to in this
section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area
are to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the wildlife,
scenic, roadless, watershed, recreational, and ecological
resources of the Wildlife Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the
Wildlife Conservation Area--
(A) in a manner that conserves, protects, and
enhances the purposes described in subsection
(b); and
(B) in accordance with--
(i) the Forest and Rangeland
Renewable Resources Planning Act of
1974 (16 U.S.C. 1600 et seq.);
(ii) any other applicable laws
(including regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only
allow such uses of the Wildlife Conservation
Area as the Secretary determines would further
the purposes described in subsection (b).
(B) Motorized vehicles.--
(i) In general.--Except as provided
in clause (iii), the use of motorized
vehicles in the Wildlife Conservation
Area shall be limited to designated
roads and trails.
(ii) New or temporary roads.--Except
as provided in clause (iii), no new or
temporary road shall be constructed in
the Wildlife Conservation Area.
(iii) Exceptions.--Nothing in clause
(i) or (ii) prevents the Secretary
from--
(I) authorizing the use of
motorized vehicles for
administrative purposes;
(II) authorizing the use of
motorized vehicles to carry out
activities described in
subsection (d); or
(III) responding to an
emergency.
(C) Bicycles.--The use of bicycles in the
Wildlife Conservation Area shall be limited to
designated roads and trails.
(D) Commercial timber.--
(i) In general.--Subject to clause
(ii), no project shall be carried out
in the Wildlife Conservation Area for
the purpose of harvesting commercial
timber.
(ii) Limitation.--Nothing in clause
(i) prevents the Secretary from
harvesting or selling a merchantable
product that is a byproduct of an
activity authorized under this section.
(E) Grazing.--The laws (including
regulations) and policies followed by the
Secretary in issuing and administering grazing
permits or leases on land under the
jurisdiction of the Secretary shall continue to
apply with regard to the land in the Wildlife
Conservation Area, consistent with the purposes
described in subsection (b).
(d) Fire, Insects, and Diseases.--The Secretary may carry out
any activity, in accordance with applicable laws (including
regulations), that the Secretary determines to be necessary to
prevent, control, or mitigate fire, insects, or disease in the
Wildlife Conservation Area, subject to such terms and
conditions as the Secretary determines to be appropriate.
(e) Regional Transportation Projects.--Nothing in this
section or section 6110(e) precludes the Secretary from
authorizing, in accordance with applicable laws (including
regulations), the use or leasing of Federal land within the
Wildlife Conservation Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation
systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(f) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall
apply to the Wildlife Conservation Area.
SEC. 6107. CAMP HALE NATIONAL HISTORIC LANDSCAPE.
(a) Designation.--Subject to valid existing rights, the
approximately 28,676 acres of Federal land in the White River
National Forest in the State, as generally depicted as
``Proposed Camp Hale National Historic Landscape'' on the map
entitled ``Camp Hale National Historic Landscape Proposal'' and
dated June 24, 2019, are designated the ``Camp Hale National
Historic Landscape''.
(b) Purposes.--The purposes of the Historic Landscape are--
(1) to provide for--
(A) the interpretation of historic events,
activities, structures, and artifacts of the
Historic Landscape, including with respect to
the role of the Historic Landscape in local,
national, and world history;
(B) the historic preservation of the Historic
Landscape, consistent with--
(i) the designation of the Historic
Landscape as a national historic site;
and
(ii) the other purposes of the
Historic Landscape;
(C) recreational opportunities, with an
emphasis on the activities related to the
historic use of the Historic Landscape,
including skiing, snowshoeing, snowmobiling,
hiking, horseback riding, climbing, other road-
and trail-based activities, and other outdoor
activities; and
(D) the continued environmental remediation
and removal of unexploded ordnance at the Camp
Hale Formerly Used Defense Site and the Camp
Hale historic cantonment area; and
(2) to conserve, protect, restore, and enhance for
the benefit and enjoyment of present and future
generations the scenic, watershed, and ecological
resources of the Historic Landscape.
(c) Management.--
(1) In general.--The Secretary shall manage the
Historic Landscape in accordance with--
(A) the purposes of the Historic Landscape
described in subsection (b); and
(B) any other applicable laws (including
regulations).
(2) Management plan.--
(A) In general.--Not later than 5 years after
the date of enactment of this Act, the
Secretary shall prepare a management plan for
the Historic Landscape.
(B) Contents.--The management plan prepared
under subparagraph (A) shall include plans
for--
(i) improving the interpretation of
historic events, activities,
structures, and artifacts of the
Historic Landscape, including with
respect to the role of the Historic
Landscape in local, national, and world
history;
(ii) conducting historic preservation
and veteran outreach and engagement
activities;
(iii) managing recreational
opportunities, including the use and
stewardship of--
(I) the road and trail
systems; and
(II) dispersed recreation
resources;
(iv) the conservation, protection,
restoration, or enhancement of the
scenic, watershed, and ecological
resources of the Historic Landscape,
including conducting the restoration
and enhancement project under
subsection (d); and
(v) environmental remediation and,
consistent with subsection (e)(2), the
removal of unexploded ordnance.
(3) Explosive hazards.--The Secretary shall provide
to the Secretary of the Army a notification of any
unexploded ordnance (as defined in section 101(e) of
title 10, United States Code) that is discovered in the
Historic Landscape.
(d) Camp Hale Restoration and Enhancement Project.--
(1) In general.--The Secretary shall conduct a
restoration and enhancement project in the Historic
Landscape--
(A) to improve aquatic, riparian, and wetland
conditions in and along the Eagle River and
tributaries of the Eagle River;
(B) to maintain or improve recreation and
interpretive opportunities and facilities; and
(C) to conserve historic values in the Camp
Hale area.
(2) Coordination.--In carrying out the project
described in paragraph (1), the Secretary shall
coordinate with--
(A) the United States Army Corps of
Engineers;
(B) the Camp Hale-Eagle River Headwaters
Collaborative Group;
(C) the National Forest Foundation;
(D) the Colorado Department of Public Health
and Environment;
(E) the Colorado State Historic Preservation
Office;
(F) units of local government; and
(G) other interested organizations and
members of the public.
(e) Environmental Remediation.--
(1) In general.--The Secretary of the Army shall
continue to carry out the projects and activities of
the Department of the Army in existence on the date of
enactment of this Act relating to cleanup of--
(A) the Camp Hale Formerly Used Defense Site;
or
(B) the Camp Hale historic cantonment area.
(2) Removal of unexploded ordnance.--
(A) In general.--The Secretary of the Army
may remove unexploded ordnance (as defined in
section 101(e) of title 10, United States Code)
from the Historic Landscape, as the Secretary
of the Army determines to be appropriate in
accordance with applicable law (including
regulations).
(B) Action on receipt of notice.--On receipt
from the Secretary of a notification of
unexploded ordnance under subsection (c)(3),
the Secretary of the Army may remove the
unexploded ordnance in accordance with--
(i) the program for environmental
restoration of formerly used defense
sites under section 2701 of title 10,
United States Code;
(ii) the Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.);
and
(iii) any other applicable provision
of law (including regulations).
(3) Effect of subsection.--Nothing in this subsection
modifies any obligation in existence on the date of
enactment of this Act relating to environmental
remediation or removal of any unexploded ordnance
located in or around the Camp Hale historic cantonment
area, the Camp Hale Formerly Used Defense Site, or the
Historic Landscape, including such an obligation
under--
(A) the program for environmental restoration
of formerly used defense sites under section
2701 of title 10, United States Code;
(B) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.); or
(C) any other applicable provision of law
(including regulations).
(f) Interagency Agreement.--The Secretary and the Secretary
of the Army shall enter into an agreement--
(1) to specify--
(A) the activities of the Secretary relating
to the management of the Historic Landscape;
and
(B) the activities of the Secretary of the
Army relating to environmental remediation and
the removal of unexploded ordnance in
accordance with subsection (e) and other
applicable laws (including regulations); and
(2) to require the Secretary to provide to the
Secretary of the Army, by not later than 1 year after
the date of enactment of this Act and periodically
thereafter, as appropriate, a management plan for the
Historic Landscape for purposes of the removal
activities described in subsection (e).
(g) Effect.--Nothing in this section--
(1) affects the jurisdiction of the State over any
water law, water right, or adjudication or
administration relating to any water resource;
(2) affects any water right in existence on or after
the date of enactment of this Act, or the exercise of
such a water right, including--
(A) a water right under an interstate water
compact (including full development of any
apportionment made in accordance with such a
compact);
(B) a water right decreed within, above,
below, or through the Historic Landscape;
(C) a water right held by the United States;
(D) the management or operation of any
reservoir, including the storage, management,
release, or transportation of water; and
(E) the construction or operation of such
infrastructure as is determined to be necessary
by an individual or entity holding water rights
to develop and place to beneficial use those
rights, subject to applicable Federal, State,
and local law (including regulations);
(3) constitutes an express or implied reservation by
the United States of any reserved or appropriative
water right;
(4) alters or limits--
(A) a permit held by a ski area;
(B) the implementation of activities governed
by a ski area permit; or
(C) the authority of the Secretary to modify
or expand an existing ski area permit;
(5) prevents the Secretary from closing portions of
the Historic Landscape for public safety, environmental
remediation, or other use in accordance with applicable
laws; or
(6) affects--
(A) any special use permit in effect on the
date of enactment of this Act; or
(B) the renewal of a permit described in
subparagraph (A).
(h)(1) Funding.--There is established in the general fund of
the Treasury a special account, to be known as the ``Camp Hale
Historic Preservation and Restoration Fund''.
(2) There is authorized to be appropriated to the Camp Hale
Historic Preservation and Restoration Fund $10,000,000, to be
available to the Secretary until expended, for activities
relating to historic interpretation, preservation, and
restoration carried out in and around the Historic Landscape.
(i) Designation of Overlook.--The interpretive site located
beside United States Route 24 in the State, at 39.431N
106.323W, is hereby designated as the ``Sandy Treat Overlook''.
SEC. 6108. WHITE RIVER NATIONAL FOREST BOUNDARY MODIFICATION.
(a) In General.--The boundary of the White River National
Forest is modified to include the approximately 120 acres
comprised of the SW 1/4, the SE 1/4, and the NE 1/4 of the SE
1/4 of sec. 1, T. 2 S., R. 80 W., 6th Principal Meridian, in
Summit County in the State.
(b) Land and Water Conservation Fund.--For purposes of
section 200306 of title 54, United States Code, the boundaries
of the White River National Forest, as modified under
subsection (a), shall be considered to be the boundaries of the
White River National Forest as in existence on January 1, 1965.
SEC. 6109. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL WILDERNESS BOUNDARY
ADJUSTMENT.
(a) Purpose.--The purpose of this section is to provide for
the ongoing maintenance and use of portions of the Trail River
Ranch and the associated property located within Rocky Mountain
National Park in Grand County in the State.
(b) Boundary Adjustment.--Section 1952(b) of the Omnibus
Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 1070) is amended by adding at the end the following:
``(3) Boundary adjustment.--The boundary of the
Potential Wilderness is modified to exclude the area
comprising approximately 15.5 acres of land identified
as `Potential Wilderness to Non-wilderness' on the map
entitled `Rocky Mountain National Park Proposed
Wilderness Area Amendment' and dated January 16,
2018.''.
SEC. 6110. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this title affects the
jurisdiction or responsibility of the State with respect to
fish and wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this title or an
amendment made by this title establishes a protective
perimeter or buffer zone around--
(A) a covered area;
(B) a wilderness area or potential wilderness
area designated by section 6103;
(C) the Recreation Management Area;
(D) a Wildlife Conservation Area; or
(E) the Historic Landscape.
(2) Outside activities.--The fact that a
nonwilderness activity or use on land outside of a
covered area can be seen or heard from within the
covered area shall not preclude the activity or use
outside the boundary of the covered area.
(c) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall file
maps and legal descriptions of each area described in
subsection (b)(1) with--
(A) the Committee on Natural Resources of the
House of Representatives; and
(B) the Committee on Energy and Natural
Resources of the Senate.
(2) Force of law.--Each map and legal description
filed under paragraph (1) shall have the same force and
effect as if included in this title, except that the
Secretary may correct any typographical errors in the
maps and legal descriptions.
(3) Public availability.--Each map and legal
description filed under paragraph (1) shall be on file
and available for public inspection in the appropriate
offices of the Forest Service.
(d) Acquisition of Land.--
(1) In general.--The Secretary may acquire any land
or interest in land within the boundaries of an area
described in subsection (b)(1) only through exchange,
donation, or purchase from a willing seller.
(2) Management.--Any land or interest in land
acquired under paragraph (1) shall be incorporated
into, and administered as a part of, the wilderness
area, Recreation Management Area, Wildlife Conservation
Area, or Historic Landscape, as applicable, in which
the land or interest in land is located.
(e) Withdrawal.--Subject to valid rights in existence on the
date of enactment of this Act, the areas described in
subsection (b)(1) are withdrawn from--
(1) entry, appropriation, and disposal under the
public land laws;
(2) location, entry, and patent under mining laws;
and
(3) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(f) Military Overflights.--Nothing in this title or an
amendment made by this title restricts or precludes--
(1) any low-level overflight of military aircraft
over any area subject to this title or an amendment
made by this title, including military overflights that
can be seen, heard, or detected within such an area;
(2) flight testing or evaluation over an area
described in paragraph (1); or
(3) the use or establishment of--
(A) any new unit of special use airspace over
an area described in paragraph (1); or
(B) any military flight training or
transportation over such an area.
(g) Sense of Congress.--It is the sense of Congress that
military aviation training on Federal public lands in Colorado,
including the training conducted at the High-Altitude Army
National Guard Aviation Training Site, is critical to the
national security of the United States and the readiness of the
Armed Forces.
TITLE II--SAN JUAN MOUNTAINS
SEC. 6201. DEFINITIONS.
In this title:
(1) Covered land.--The term ``covered land'' means--
(A) land designated as wilderness under
paragraphs (27) through (29) of section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C.
1132 note; Public Law 103-77) (as added by
section 6202); and
(B) a Special Management Area.
(2) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.
(3) Special management area.--The term ``Special
Management Area'' means each of--
(A) the Sheep Mountain Special Management
Area designated by section 6203(a)(1); and
(B) the Liberty Bell East Special Management
Area designated by section 6203(a)(2).
SEC. 6202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM.
Section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as amended by section
6102(a)(2)) is amended by adding at the end the following:
``(27) Lizard head wilderness addition.--Certain
Federal land in the Grand Mesa, Uncompahgre, and
Gunnison National Forests comprising approximately
3,141 acres, as generally depicted on the map entitled
`Proposed Wilson, Sunshine, Black Face and San Bernardo
Additions to the Lizard Head Wilderness' and dated
September 6, 2018, which is incorporated in, and shall
be administered as part of, the Lizard Head Wilderness.
``(28) Mount sneffels wilderness additions.--
``(A) Liberty bell and last dollar
additions.--Certain Federal land in the Grand
Mesa, Uncompahgre, and Gunnison National
Forests comprising approximately 7,235 acres,
as generally depicted on the map entitled
`Proposed Liberty Bell and Last Dollar
Additions to the Mt. Sneffels Wilderness,
Liberty Bell East Special Management Area' and
dated September 6, 2018, which is incorporated
in, and shall be administered as part of, the
Mount Sneffels Wilderness.
``(B) Whitehouse additions.--Certain Federal
land in the Grand Mesa, Uncompahgre, and
Gunnison National Forests comprising
approximately 12,465 acres, as generally
depicted on the map entitled `Proposed
Whitehouse Additions to the Mt. Sneffels
Wilderness' and dated September 6, 2018, which
is incorporated in, and shall be administered
as part of, the Mount Sneffels Wilderness.
``(29) Mckenna peak wilderness.--Certain Federal land
in the State of Colorado comprising approximately 8,884
acres of Bureau of Land Management land, as generally
depicted on the map entitled `Proposed McKenna Peak
Wilderness Area' and dated September 18, 2018, to be
known as the `McKenna Peak Wilderness'.''.
SEC. 6203. SPECIAL MANAGEMENT AREAS.
(a) Designation.--
(1) Sheep mountain special management area.--The
Federal land in the Grand Mesa, Uncompahgre, and
Gunnison and San Juan National Forests in the State
comprising approximately 21,663 acres, as generally
depicted on the map entitled ``Proposed Sheep Mountain
Special Management Area'' and dated September 19, 2018,
is designated as the ``Sheep Mountain Special
Management Area''.
(2) Liberty bell east special management area.--The
Federal land in the Grand Mesa, Uncompahgre, and
Gunnison National Forests in the State comprising
approximately 792 acres, as generally depicted on the
map entitled ``Proposed Liberty Bell and Last Dollar
Additions to the Mt. Sneffels Wilderness, Liberty Bell
East Special Management Area'' and dated September 6,
2018, is designated as the ``Liberty Bell East Special
Management Area''.
(b) Purpose.--The purpose of the Special Management Areas is
to conserve and protect for the benefit and enjoyment of
present and future generations the geological, cultural,
archaeological, paleontological, natural, scientific,
recreational, wilderness, wildlife, riparian, historical,
educational, and scenic resources of the Special Management
Areas.
(c) Management.--
(1) In general.--The Secretary shall manage the
Special Management Areas in a manner that--
(A) conserves, protects, and enhances the
resources and values of the Special Management
Areas described in subsection (b);
(B) subject to paragraph (3), maintains or
improves the wilderness character of the
Special Management Areas and the suitability of
the Special Management Areas for potential
inclusion in the National Wilderness
Preservation System; and
(C) is in accordance with--
(i) the National Forest Management
Act of 1976 (16 U.S.C. 1600 et seq.);
(ii) this title; and
(iii) any other applicable laws.
(2) Prohibitions.--The following shall be prohibited
in the Special Management Areas:
(A) Permanent roads.
(B) Except as necessary to meet the minimum
requirements for the administration of the
Federal land, to provide access for abandoned
mine cleanup, and to protect public health and
safety--
(i) the use of motor vehicles,
motorized equipment, or mechanical
transport (other than as provided in
paragraph (3)); and
(ii) the establishment of temporary
roads.
(3) Authorized activities.--
(A) In general.--The Secretary may allow any
activities (including helicopter access for
recreation and maintenance and the competitive
running event permitted since 1992) that have
been authorized by permit or license as of the
date of enactment of this Act to continue
within the Special Management Areas, subject to
such terms and conditions as the Secretary may
require.
(B) Permitting.--The designation of the
Special Management Areas by subsection (a)
shall not affect the issuance of permits
relating to the activities covered under
subparagraph (A) after the date of enactment of
this Act.
(C) Bicycles.--The Secretary may permit the
use of bicycles in--
(i) the portion of the Sheep Mountain
Special Management Area identified as
``Ophir Valley Area'' on the map
entitled ``Proposed Sheep Mountain
Special Management Area'' and dated
September 19, 2018; and
(ii) the portion of the Liberty Bell
East Special Management Area identified
as ``Liberty Bell Corridor'' on the map
entitled ``Proposed Liberty Bell and
Last Dollar Additions to the Mt.
Sneffels Wilderness, Liberty Bell East
Special Management Area'' and dated
September 6, 2018.
(d) Applicable Law.--Water and water rights in the Special
Management Areas shall be administered in accordance with
section 8 of the Colorado Wilderness Act of 1993 (Public Law
103-77; 107 Stat. 762), except that, for purposes of this
division--
(1) any reference contained in that section to ``the
lands designated as wilderness by this Act'', ``the
Piedra, Roubideau, and Tabeguache areas identified in
section 9 of this Act, or the Bowen Gulch Protection
Area or the Fossil Ridge Recreation Management Area
identified in sections 5 and 6 of this Act'', or ``the
areas described in sections 2, 5, 6, and 9 of this
Act'' shall be considered to be a reference to ``the
Special Management Areas''; and
(2) any reference contained in that section to ``this
Act'' shall be considered to be a reference to ``the
Colorado Outdoor Recreation and Economy Act''.
SEC. 6204. RELEASE OF WILDERNESS STUDY AREAS.
(a) Dominguez Canyon Wilderness Study Area.--Subtitle E of
title II of Public Law 111-11 is amended--
(1) by redesignating section 2408 (16 U.S.C. 460zzz-
7) as section 2409; and
(2) by inserting after section 2407 (16 U.S.C.
460zzz-6) the following:
``SEC. 2408. RELEASE.
``(a) In General.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782(c)), the portions of the Dominguez Canyon
Wilderness Study Area not designated as wilderness by this
subtitle have been adequately studied for wilderness
designation.
``(b) Release.--Any public land referred to in subsection (a)
that is not designated as wilderness by this subtitle--
``(1) is no longer subject to section 603(c) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782(c)); and
``(2) shall be managed in accordance with this
subtitle and any other applicable laws.''.
(b) Mckenna Peak Wilderness Study Area.--
(1) In general.--Congress finds that, for the
purposes of section 603(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1782(c)), the
portions of the McKenna Peak Wilderness Study Area in
San Miguel County in the State not designated as
wilderness by paragraph (29) of section 2(a) of the
Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) (as added by section 6202) have been
adequately studied for wilderness designation.
(2) Release.--Any public land referred to in
paragraph (1) that is not designated as wilderness by
paragraph (29) of section 2(a) of the Colorado
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law
103-77) (as added by section 6202)--
(A) is no longer subject to section 603(c) of
the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782(c)); and
(B) shall be managed in accordance with
applicable laws.
SEC. 6205. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this title affects the
jurisdiction or responsibility of the State with respect to
fish and wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this title establishes a
protective perimeter or buffer zone around covered
land.
(2) Activities outside wilderness.--The fact that a
nonwilderness activity or use on land outside of the
covered land can be seen or heard from within covered
land shall not preclude the activity or use outside the
boundary of the covered land.
(c) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary or the
Secretary of the Interior, as appropriate, shall file a
map and a legal description of each wilderness area
designated by paragraphs (27) through (29) of section
2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C.
1132 note; Public Law 103-77) (as added by section
6202) and the Special Management Areas with--
(A) the Committee on Natural Resources of the
House of Representatives; and
(B) the Committee on Energy and Natural
Resources of the Senate.
(2) Force of law.--Each map and legal description
filed under paragraph (1) shall have the same force and
effect as if included in this title, except that the
Secretary or the Secretary of the Interior, as
appropriate, may correct any typographical errors in
the maps and legal descriptions.
(3) Public availability.--Each map and legal
description filed under paragraph (1) shall be on file
and available for public inspection in the appropriate
offices of the Bureau of Land Management and the Forest
Service.
(d) Acquisition of Land.--
(1) In general.--The Secretary or the Secretary of
the Interior, as appropriate, may acquire any land or
interest in land within the boundaries of a Special
Management Area or the wilderness designated under
paragraphs (27) through (29) of section 2(a) of the
Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) (as added by section 6202) only
through exchange, donation, or purchase from a willing
seller.
(2) Management.--Any land or interest in land
acquired under paragraph (1) shall be incorporated
into, and administered as a part of, the wilderness or
Special Management Area in which the land or interest
in land is located.
(e) Grazing.--The grazing of livestock on covered land, if
established before the date of enactment of this Act, shall be
permitted to continue subject to such reasonable regulations as
are considered to be necessary by the Secretary with
jurisdiction over the covered land, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the applicable guidelines set forth in Appendix A
of the report of the Committee on Interior and Insular
Affairs of the House of Representatives accompanying
H.R. 2570 of the 101st Congress (H. Rept. 101-405) or
H.R. 5487 of the 96th Congress (H. Rept. 96-617).
(f) Fire, Insects, and Diseases.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the
Secretary with jurisdiction over a wilderness area designated
by paragraphs (27) through (29) of section 2(a) of the Colorado
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77)
(as added by section 6202) may carry out any activity in the
wilderness area that the Secretary determines to be necessary
for the control of fire, insects, and diseases, subject to such
terms and conditions as the Secretary determines to be
appropriate.
(g) Withdrawal.--Subject to valid rights in existence on the
date of enactment of this Act, the covered land and the
approximately 6,590 acres generally depicted on the map
entitled ``Proposed Naturita Canyon Mineral Withdrawal Area''
and dated September 6, 2018, is withdrawn from--
(1) entry, appropriation, and disposal under the
public land laws;
(2) location, entry, and patent under mining laws;
and
(3) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
TITLE III--THOMPSON DIVIDE
SEC. 6301. PURPOSES.
The purposes of this title are--
(1) subject to valid existing rights, to withdraw
certain Federal land in the Thompson Divide area from
mineral and other disposal laws; and
(2) to promote the capture of fugitive methane
emissions that would otherwise be emitted into the
atmosphere--
(A) to reduce methane gas emissions; and
(B) to provide--
(i) new renewable electricity
supplies and other beneficial uses of
fugitive methane emissions; and
(ii) increased royalties for
taxpayers.
SEC. 6302. DEFINITIONS.
In this title:
(1) Fugitive methane emissions.--The term ``fugitive
methane emissions'' means methane gas from those
Federal lands in Garfield, Gunnison, Delta, or Pitkin
County in the State generally depicted on the pilot
program map as ``Fugitive Coal Mine Methane Use Pilot
Program Area'' that would leak or be vented into the
atmosphere from an active, inactive or abandoned
underground coal mine.
(2) Pilot program.--The term ``pilot program'' means
the Greater Thompson Divide Fugitive Coal Mine Methane
Use Pilot Program established by section 6305(a)(1).
(3) Pilot program map.--The term ``pilot program
map'' means the map entitled ``Greater Thompson Divide
Fugitive Coal Mine Methane Use Pilot Program Area'' and
dated June 17, 2019.
(4) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(5) Thompson divide lease.--
(A) In general.--The term ``Thompson Divide
lease'' means any oil or gas lease in effect on
the date of enactment of this Act within the
Thompson Divide Withdrawal and Protection Area.
(B) Exclusions.--The term ``Thompson Divide
lease'' does not include any oil or gas lease
that--
(i) is associated with a Wolf Creek
Storage Field development right; or
(ii) before the date of enactment of
this Act, has expired, been cancelled,
or otherwise terminated.
(6) Thompson divide map.--The term ``Thompson Divide
map'' means the map entitled ``Greater Thompson Divide
Area Map'' and dated June 13, 2019.
(7) Thompson divide withdrawal and protection area.--
The term ``Thompson Divide Withdrawal and Protection
Area'' means the Federal land and minerals generally
depicted on the Thompson Divide map as the ``Thompson
Divide Withdrawal and Protection Area''.
(8) Wolf creek storage field development right.--
(A) In general.--The term ``Wolf Creek
Storage Field development right'' means a
development right for any of the Federal
mineral leases numbered COC 007496, COC 007497,
COC 007498, COC 007499, COC 007500, COC 007538,
COC 008128, COC 015373, COC 0128018, COC
051645, and COC 051646, and generally depicted
on the Thompson Divide map as ``Wolf Creek
Storage Agreement''.
(B) Exclusions.--The term ``Wolf Creek
Storage Field development right'' does not
include any storage right or related activity
within the area described in subparagraph (A).
SEC. 6303. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.
(a) Withdrawal.--Subject to valid existing rights, the
Thompson Divide Withdrawal and Protection Area is withdrawn
from--
(1) entry, appropriation, and disposal under the
public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(b) Surveys.--The exact acreage and legal description of the
Thompson Divide Withdrawal and Protection Area shall be
determined by surveys approved by the Secretary, in
consultation with the Secretary of Agriculture.
(c) Grazing.--The grazing of livestock on covered land, if
established before the date of enactment of this Act, shall be
allowed to continue subject to such reasonable regulations as
are considered to be necessary by the Secretary with
jurisdiction over the covered land.
SEC. 6304. THOMPSON DIVIDE LEASE EXCHANGE.
(a) In General.--In exchange for the relinquishment by a
leaseholder of all Thompson Divide leases of the leaseholder,
the Secretary may issue to the leaseholder credits for any bid,
royalty, or rental payment due under any Federal oil or gas
lease on Federal land in the State, in accordance with
subsection (b).
(b) Amount of Credits.--
(1) In general.--Subject to paragraph (2), the amount
of the credits issued to a leaseholder of a Thompson
Divide lease relinquished under subsection (a) shall--
(A) be equal to the sum of--
(i) the amount of the bonus bids paid
for the applicable Thompson Divide
leases;
(ii) the amount of any rental paid
for the applicable Thompson Divide
leases as of the date on which the
leaseholder submits to the Secretary a
notice of the decision to relinquish
the applicable Thompson Divide leases;
and
(iii) the amount of any expenses
incurred by the leaseholder of the
applicable Thompson Divide leases in
the preparation of any drilling permit,
sundry notice, or other related
submission in support of the
development of the applicable Thompson
Divide leases as of January 28, 2019,
including any expenses relating to the
preparation of any analysis under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
(B) require the approval of the Secretary.
(2) Exclusion.--The amount of a credit issued under
subsection (a) shall not include any expenses paid by
the leaseholder of a Thompson Divide lease for legal
fees or related expenses for legal work with respect to
a Thompson Divide lease.
(c) Cancellation.--Effective on relinquishment under this
section, and without any additional action by the Secretary, a
Thompson Divide lease--
(1) shall be permanently cancelled; and
(2) shall not be reissued.
(d) Conditions.--
(1) Applicable law.--Except as otherwise provided in
this section, each exchange under this section shall be
conducted in accordance with--
(A) this division; and
(B) other applicable laws (including
regulations).
(2) Acceptance of credits.--The Secretary may,
subject to appropriations, accept credits issued under
subsection (a) in the same manner as cash for the
payments described in that subsection.
(3) Applicability.--The use of a credit issued under
subsection (a) shall be subject to the laws (including
regulations) applicable to the payments described in
that subsection, to the extent that the laws are
consistent with this section.
(4) Treatment of credits.--Subject to appropriations,
all amounts in the form of credits issued under
subsection (a) accepted by the Secretary shall be
considered to be amounts received for the purposes of--
(A) section 35 of the Mineral Leasing Act (30
U.S.C. 191); and
(B) section 20 of the Geothermal Steam Act of
1970 (30 U.S.C. 1019).
(e) Wolf Creek Storage Field Development Rights.--
(1) Conveyance to secretary.--As a condition
precedent to the relinquishment of a Thompson Divide
lease, any leaseholder with a Wolf Creek Storage Field
development right shall permanently relinquish,
transfer, and otherwise convey to the Secretary, in a
form acceptable to the Secretary, all Wolf Creek
Storage Field development rights of the leaseholder.
(2) Limitation of transfer.--An interest acquired by
the Secretary under paragraph (1)--
(A) shall be held in perpetuity; and
(B) shall not be--
(i) transferred;
(ii) reissued; or
(iii) otherwise used for mineral
extraction.
SEC. 6305. GREATER THOMPSON DIVIDE FUGITIVE COAL MINE METHANE USE PILOT
PROGRAM.
(a) Fugitive Coal Mine Methane Use Pilot Program.--
(1) Establishment.--There is established in the
Bureau of Land Management a pilot program, to be known
as the ``Greater Thompson Divide Fugitive Coal Mine
Methane Use Pilot Program''.
(2) Purpose.--The purpose of the pilot program is to
promote the capture, beneficial use, mitigation, and
sequestration of fugitive methane emissions--
(A) to reduce methane emissions;
(B) to promote economic development;
(C) to produce bid and royalty revenues;
(D) to improve air quality; and
(E) to improve public safety.
(3) Plan.--
(A) In general.--Not later than 180 days
after the date of enactment of this Act, the
Secretary shall develop a plan--
(i) to complete an inventory of
fugitive methane emissions in
accordance with subsection (b);
(ii) to provide for the leasing of
fugitive methane emissions in
accordance with subsection (c); and
(iii) to provide for the capping or
destruction of fugitive methane
emissions in accordance with subsection
(d).
(B) Coordination.--In developing the plan
under this paragraph, the Secretary shall
coordinate with--
(i) the State;
(ii) Garfield, Gunnison, Delta, and
Pitkin Counties in the State;
(iii) lessees of Federal coal within
the counties referred to in clause
(ii);
(iv) interested institutions of
higher education in the State; and
(v) interested members of the public.
(b) Fugitive Methane Emission Inventory.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall complete
an inventory of fugitive methane emissions.
(2) Conduct.--The Secretary may conduct the inventory
under paragraph (1) through, or in collaboration with--
(A) the Bureau of Land Management;
(B) the United States Geological Survey;
(C) the Environmental Protection Agency;
(D) the United States Forest Service;
(E) State departments or agencies;
(F) Garfield, Gunnison, Delta, or Pitkin
County in the State;
(G) the Garfield County Federal Mineral Lease
District;
(H) institutions of higher education in the
State;
(I) lessees of Federal coal within a county
referred to in subparagraph (F);
(J) the National Oceanic and Atmospheric
Administration;
(K) the National Center for Atmospheric
Research; or
(L) other interested entities, including
members of the public.
(3) Contents.--The inventory under paragraph (1)
shall include--
(A) the general location and geographic
coordinates of each vent, seep, or other source
producing significant fugitive methane
emissions;
(B) an estimate of the volume and
concentration of fugitive methane emissions
from each source of significant fugitive
methane emissions including details of
measurements taken and the basis for that
emissions estimate;
(C) an estimate of the total volume of
fugitive methane emissions each year;
(D) relevant data and other information
available from--
(i) the Environmental Protection
Agency;
(ii) the Mine Safety and Health
Administration;
(iii) Colorado Department of Natural
Resources;
(iv) Colorado Public Utility
Commission;
(v) Colorado Department of Health and
Environment; and
(vi) Office of Surface Mining
Reclamation and Enforcement; and
(E) such other information as may be useful
in advancing the purposes of the pilot program.
(4) Public participation; disclosure.--
(A) Public participation.--The Secretary
shall provide opportunities for public
participation in the inventory under this
subsection.
(B) Availability.--The Secretary shall make
the inventory under this subsection publicly
available.
(C) Disclosure.--Nothing in this subsection
requires the Secretary to publicly release
information that--
(i) poses a threat to public safety;
(ii) is confidential business
information; or
(iii) is otherwise protected from
public disclosure.
(5) Use.--The Secretary shall use the inventory in
carrying out--
(A) the leasing program under subsection (c);
and
(B) the capping or destruction of fugitive
methane emissions under subsection (d).
(c) Fugitive Methane Emission Leasing Program.--
(1) In general.--Subject to valid existing rights and
in accordance with this section, not later than 1 year
after the date of completion of the inventory required
under subsection (b), the Secretary shall carry out a
program to encourage the use and destruction of
fugitive methane emissions.
(2) Fugitive methane emissions from coal mines
subject to lease.--
(A) In general.--The Secretary shall
authorize the holder of a valid existing
Federal coal lease for a mine that is producing
fugitive methane emissions to capture for use,
or destroy by flaring, the fugitive methane
emissions.
(B) Conditions.--The authority under
subparagraph (A) shall be--
(i) subject to valid existing rights;
and
(ii) subject to such terms and
conditions as the Secretary may
require.
(C) Limitations.--The program carried out
under paragraph (1) shall only include fugitive
methane emissions that can be captured for use,
or destroyed by flaring, in a manner that does
not--
(i) endanger the safety of any coal
mine worker; or
(ii) unreasonably interfere with any
ongoing operation at a coal mine.
(D) Cooperation.--
(i) In general.--The Secretary shall
work cooperatively with the holders of
valid existing Federal coal leases for
mines that produce fugitive methane
emissions to encourage--
(I) the capture of fugitive
methane emissions for
beneficial use, such as
generating electrical power,
producing usable heat,
transporting the methane to
market, transforming the
fugitive methane emissions into
a different marketable
material; or
(II) if the beneficial use of
the fugitive methane emissions
is not feasible, the
destruction of the fugitive
methane emissions by flaring.
(ii) Guidance.--In furtherance of the
purposes of this paragraph, not later
than 1 year after the date of enactment
of this Act, the Secretary shall issue
guidance for the implementation of
Federal authorities and programs to
encourage the capture for use, or
destruction by flaring, of fugitive
methane emissions while minimizing
impacts on natural resources or other
public interest values.
(E) Royalties.--The Secretary shall determine
whether any fugitive methane emissions used or
destroyed pursuant to this paragraph are
subject to the payment of a royalty under
applicable law.
(3) Fugitive methane emissions from abandoned coal
mines.--
(A) In general.--Except as otherwise provided
in this section, notwithstanding section 6303,
subject to valid existing rights, and in
accordance with section 21 of the Mineral
Leasing Act (30 U.S.C. 241) and any other
applicable law, the Secretary shall--
(i) authorize the capture for use, or
destruction by flaring, of fugitive
methane emissions from abandoned coal
mines on Federal land; and
(ii) make available for leasing such
fugitive methane emissions from
abandoned coal mines on Federal land as
the Secretary considers to be in the
public interest.
(B) Source.--To the maximum extent
practicable, the Secretary shall offer for
lease each significant vent, seep, or other
source of fugitive methane emissions from
abandoned coal mines.
(C) Bid qualifications.--A bid to lease
fugitive methane emissions under this paragraph
shall specify whether the prospective lessee
intends--
(i) to capture the fugitive methane
emissions for beneficial use, such as
generating electrical power, producing
usable heat, transporting the methane
to market, transforming the fugitive
methane emissions into a different
marketable material;
(ii) to destroy the fugitive methane
emissions by flaring; or
(iii) to employ a specific
combination of--
(I) capturing the fugitive
methane emissions for
beneficial use; and
(II) destroying the fugitive
methane emission by flaring.
(D) Priority.--
(i) In general.--If there is more
than one qualified bid for a lease
under this paragraph, the Secretary
shall select the bid that the Secretary
determines is likely to most
significantly advance the public
interest.
(ii) Considerations.--In determining
the public interest under clause (i),
the Secretary shall take into
consideration--
(I) the size of the overall
decrease in the time-integrated
radiative forcing of the
fugitive methane emissions;
(II) the impacts to other
natural resource values,
including wildlife, water, and
air; and
(III) other public interest
values, including scenic,
economic, recreation, and
cultural values.
(E) Lease form.--
(i) In general.--The Secretary shall
develop and provide to prospective
bidders a lease form for leases issued
under this paragraph.
(ii) Due diligence.--The lease form
developed under clause (i) shall
include terms and conditions requiring
the leased fugitive methane emissions
to be put to beneficial use or flared
by not later than 1 year after the date
of issuance of the lease.
(F) Royalty rate.--The Secretary shall
develop a minimum bid and royalty rate for
leases under this paragraph to advance the
purposes of this section, to the maximum extent
practicable.
(d) Sequestration.--If, by not later than 4 years after the
date of enactment of this Act, any significant fugitive methane
emissions from abandoned coal mines on Federal land are not
leased under subsection (c)(3), the Secretary shall, in
accordance with applicable law, take all reasonable measures--
(1) to cap those fugitive methane emissions at the
source in any case in which the cap will result in the
long-term sequestration of all or a significant portion
of the fugitive methane emissions; or
(2) if sequestration under paragraph (1) is not
feasible, destroy the fugitive methane emissions by
flaring.
(e) Report to Congress.--Not later than 4 years after the
date of enactment of this Act the Secretary shall submit to the
Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
a report detailing--
(1) the economic and environmental impacts of the
pilot program, including information on increased
royalties and estimates of avoided greenhouse gas
emissions; and
(2) any recommendations by the Secretary on whether
the pilot program could be expanded geographically to
include other significant sources of fugitive methane
emissions from coal mines.
SEC. 6306. EFFECT.
Except as expressly provided in this title, nothing in this
title--
(1) expands, diminishes, or impairs any valid
existing mineral leases, mineral interest, or other
property rights wholly or partially within the Thompson
Divide Withdrawal and Protection Area, including access
to the leases, interests, rights, or land in accordance
with applicable Federal, State, and local laws
(including regulations);
(2) prevents the capture of methane from any active,
inactive, or abandoned coal mine covered by this title,
in accordance with applicable laws; or
(3) prevents access to, or the development of, any
new or existing coal mine or lease in Delta or Gunnison
County in the State.
TITLE IV--CURECANTI NATIONAL RECREATION AREA
SEC. 6401. DEFINITIONS.
In this title:
(1) Map.--The term ``map'' means the map entitled
``Curecanti National Recreation Area, Proposed
Boundary'', numbered 616/100,485C, and dated August 11,
2016.
(2) National recreation area.--The term ``National
Recreation Area'' means the Curecanti National
Recreation Area established by section 6402(a).
(3) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
SEC. 6402. CURECANTI NATIONAL RECREATION AREA.
(a) Establishment.--Effective beginning on the earlier of the
date on which the Secretary approves a request under subsection
(c)(2)(B)(i)(I) and the date that is 1 year after the date of
enactment of this Act, there shall be established as a unit of
the National Park System the Curecanti National Recreation
Area, in accordance with this division, consisting of
approximately 50,667 acres of land in the State, as generally
depicted on the map as ``Curecanti National Recreation Area
Proposed Boundary''.
(b) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(c) Administration.--
(1) In general.--The Secretary shall administer the
National Recreation Area in accordance with--
(A) this title; and
(B) the laws (including regulations)
generally applicable to units of the National
Park System, including section 100101(a),
chapter 1003, and sections 100751(a), 100752,
100753, and 102101 of title 54, United States
Code.
(2) Dam, power plant, and reservoir management and
operations.--
(A) In general.--Nothing in this title
affects or interferes with the authority of the
Secretary--
(i) to operate the Uncompahgre Valley
Reclamation Project under the
reclamation laws;
(ii) to operate the Wayne N. Aspinall
Unit of the Colorado River Storage
Project under the Act of April 11, 1956
(commonly known as the ``Colorado River
Storage Project Act'') (43 U.S.C. 620
et seq.); or
(iii) under the Federal Water Project
Recreation Act (16 U.S.C. 460l-12 et
seq.).
(B) Reclamation land.--
(i) Submission of request to retain
administrative jurisdiction.--If,
before the date that is 1 year after
the date of enactment of this Act, the
Commissioner of Reclamation submits to
the Secretary a request for the
Commissioner of Reclamation to retain
administrative jurisdiction over the
minimum quantity of land within the
land identified on the map as ``Lands
withdrawn or acquired for Bureau of
Reclamation projects'' that the
Commissioner of Reclamation identifies
as necessary for the effective
operation of Bureau of Reclamation
water facilities, the Secretary may--
(I) approve, approve with
modifications, or disapprove
the request; and
(II) if the request is
approved under subclause (I),
make any modifications to the
map that are necessary to
reflect that the Commissioner
of Reclamation retains
management authority over the
minimum quantity of land
required to fulfill the
reclamation mission.
(ii) Transfer of land.--
(I) In general.--
Administrative jurisdiction
over the land identified on the
map as ``Lands withdrawn or
acquired for Bureau of
Reclamation projects'', as
modified pursuant to clause
(i)(II), if applicable, shall
be transferred from the
Commissioner of Reclamation to
the Director of the National
Park Service by not later than
the date that is 1 year after
the date of enactment of this
Act.
(II) Access to transferred
land.--
(aa) In general.--
Subject to item (bb),
the Commissioner of
Reclamation shall
retain access to the
land transferred to the
Director of the
National Park Service
under subclause (I) for
reclamation purposes,
including for the
operation, maintenance,
and expansion or
replacement of
facilities.
(bb) Memorandum of
understanding.--The
terms of the access
authorized under item
(aa) shall be
determined by a
memorandum of
understanding entered
into between the
Commissioner of
Reclamation and the
Director of the
National Park Service
not later than 1 year
after the date of
enactment of this Act.
(3) Management agreements.--
(A) In general.--The Secretary may enter into
management agreements, or modify management
agreements in existence on the date of
enactment of this Act, relating to the
authority of the Director of the National Park
Service, the Commissioner of Reclamation, the
Director of the Bureau of Land Management, or
the Chief of the Forest Service to manage
Federal land within or adjacent to the boundary
of the National Recreation Area.
(B) State land.--The Secretary may enter into
cooperative management agreements for any land
administered by the State that is within or
adjacent to the National Recreation Area, in
accordance with the cooperative management
authority under section 101703 of title 54,
United States Code.
(4) Recreational activities.--
(A) Authorization.--Except as provided in
subparagraph (B), the Secretary shall allow
boating, boating-related activities, hunting,
and fishing in the National Recreation Area in
accordance with applicable Federal and State
laws.
(B) Closures; designated zones.--
(i) In general.--The Secretary,
acting through the Superintendent of
the National Recreation Area, may
designate zones in which, and establish
periods during which, no boating,
hunting, or fishing shall be permitted
in the National Recreation Area under
subparagraph (A) for reasons of public
safety, administration, or compliance
with applicable laws.
(ii) Consultation required.--Except
in the case of an emergency, any
closure proposed by the Secretary under
clause (i) shall not take effect until
after the date on which the
Superintendent of the National
Recreation Area consults with--
(I) the appropriate State
agency responsible for hunting
and fishing activities; and
(II) the Board of County
Commissioners in each county in
which the zone is proposed to
be designated.
(5) Landowner assistance.--On the written request of
an individual that owns private land located not more
than 3 miles from the boundary of the National
Recreation Area, the Secretary may work in partnership
with the individual to enhance the long-term
conservation of natural, cultural, recreational, and
scenic resources in and around the National Recreation
Area--
(A) by acquiring all or a portion of the
private land or interests in private land
located not more than 3 miles from the boundary
of the National Recreation Area by purchase,
exchange, or donation, in accordance with
section 6403;
(B) by providing technical assistance to the
individual, including cooperative assistance;
(C) through available grant programs; and
(D) by supporting conservation easement
opportunities.
(6) Withdrawal.--Subject to valid existing rights,
all Federal land within the National Recreation Area is
withdrawn from--
(A) entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patent under the
mining laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(7) Grazing.--
(A) State land subject to a state grazing
lease.--
(i) In general.--If State land
acquired under this title is subject to
a State grazing lease in effect on the
date of acquisition, the Secretary
shall allow the grazing to continue for
the remainder of the term of the lease,
subject to the related terms and
conditions of user agreements,
including permitted stocking rates,
grazing fee levels, access rights, and
ownership and use of range
improvements.
(ii) Access.--A lessee of State land
may continue its use of established
routes within the National Recreation
Area to access State land for purposes
of administering the lease if the use
was permitted before the date of
enactment of this Act, subject to such
terms and conditions as the Secretary
may require.
(B) State and private land.--The Secretary
may, in accordance with applicable laws,
authorize grazing on land acquired from the
State or private landowners under section 6403,
if grazing was established before the date of
acquisition.
(C) Private land.--On private land acquired
under section 6403 for the National Recreation
Area on which authorized grazing is occurring
before the date of enactment of this Act, the
Secretary, in consultation with the lessee, may
allow the continuation and renewal of grazing
on the land based on the terms of acquisition
or by agreement between the Secretary and the
lessee, subject to applicable law (including
regulations).
(D) Federal land.--The Secretary shall--
(i) allow, consistent with the
grazing leases, uses, and practices in
effect as of the date of enactment of
this Act, the continuation and renewal
of grazing on Federal land located
within the boundary of the National
Recreation Area on which grazing is
allowed before the date of enactment of
this Act, unless the Secretary
determines that grazing on the Federal
land would present unacceptable impacts
(as defined in section 1.4.7.1 of the
National Park Service document entitled
``Management Policies 2006: The Guide
to Managing the National Park System'')
to the natural, cultural, recreational,
and scenic resource values and the
character of the land within the
National Recreation Area; and
(ii) retain all authorities to manage
grazing in the National Recreation
Area.
(E) Termination of leases.--Within the
National Recreation Area, the Secretary may--
(i) accept the voluntary termination
of a lease or permit for grazing; or
(ii) in the case of a lease or permit
vacated for a period of 3 or more
years, terminate the lease or permit.
(8) Water rights.--Nothing in this title--
(A) affects any use or allocation in
existence on the date of enactment of this Act
of any water, water right, or interest in
water;
(B) affects any vested absolute or decreed
conditional water right in existence on the
date of enactment of this Act, including any
water right held by the United States;
(C) affects any interstate water compact in
existence on the date of enactment of this Act;
(D) authorizes or imposes any new reserved
Federal water right;
(E) shall be considered to be a
relinquishment or reduction of any water right
reserved or appropriated by the United States
in the State on or before the date of enactment
of this Act; or
(F) constitutes an express or implied Federal
reservation of any water or water rights with
respect to the National Recreation area.
(9) Fishing easements.--
(A) In general.--Nothing in this title
diminishes or alters the fish and wildlife
program for the Aspinall Unit developed under
section 8 of the Act of April 11, 1956
(commonly known as the ``Colorado River Storage
Project Act'') (70 Stat. 110, chapter 203; 43
U.S.C. 620g), by the United States Fish and
Wildlife Service, the Bureau of Reclamation,
and the Colorado Division of Wildlife
(including any successor in interest to that
division) that provides for the acquisition of
public access fishing easements as mitigation
for the Aspinall Unit (referred to in this
paragraph as the ``program'').
(B) Acquisition of fishing easements.--The
Secretary shall continue to fulfill the
obligation of the Secretary under the program
to acquire 26 miles of class 1 public fishing
easements to provide to sportsmen access for
fishing within the Upper Gunnison Basin
upstream of the Aspinall Unit, subject to the
condition that no existing fishing access
downstream of the Aspinall Unit shall be
counted toward the minimum mileage requirement
under the program.
(C) Plan.--Not later than 1 year after the
date of enactment of this Act, the Secretary
shall--
(i) develop a plan for fulfilling the
obligation of the Secretary described
in subparagraph (B); and
(ii) submit to Congress a report
that--
(I) includes the plan
developed under clause (i); and
(II) describes any progress
made in the acquisition of
public access fishing easements
as mitigation for the Aspinall
Unit under the program.
SEC. 6403. ACQUISITION OF LAND; BOUNDARY MANAGEMENT.
(a) Acquisition.--
(1) In general.--The Secretary may acquire any land
or interest in land within the boundary of the National
Recreation Area.
(2) Manner of acquisition.--
(A) In general.--Subject to subparagraph (B),
land described in paragraph (1) may be acquired
under this subsection by--
(i) donation;
(ii) purchase from willing sellers
with donated or appropriated funds;
(iii) transfer from another Federal
agency; or
(iv) exchange.
(B) State land.--Land or interests in land
owned by the State or a political subdivision
of the State may only be acquired by purchase,
donation, or exchange.
(b) Transfer of Administrative Jurisdiction.--
(1) Forest service land.--
(A) In general.--Administrative jurisdiction
over the approximately 2,560 acres of land
identified on the map as ``U.S. Forest Service
proposed transfer to the National Park
Service'' is transferred to the Secretary, to
be administered by the Director of the National
Park Service as part of the National Recreation
Area.
(B) Boundary adjustment.--The boundary of the
Gunnison National Forest shall be adjusted to
exclude the land transferred to the Secretary
under subparagraph (A).
(2) Bureau of land management land.--Administrative
jurisdiction over the approximately 5,040 acres of land
identified on the map as ``Bureau of Land Management
proposed transfer to National Park Service'' is
transferred from the Director of the Bureau of Land
Management to the Director of the National Park
Service, to be administered as part of the National
Recreation Area.
(3) Withdrawal.--Administrative jurisdiction over the
land identified on the map as ``Proposed for transfer
to the Bureau of Land Management, subject to the
revocation of Bureau of Reclamation withdrawal'' shall
be transferred to the Director of the Bureau of Land
Management on relinquishment of the land by the Bureau
of Reclamation and revocation by the Bureau of Land
Management of any withdrawal as may be necessary.
(c) Potential Land Exchange.--
(1) In general.--The withdrawal for reclamation
purposes of the land identified on the map as
``Potential exchange lands'' shall be relinquished by
the Commissioner of Reclamation and revoked by the
Director of the Bureau of Land Management and the land
shall be transferred to the National Park Service.
(2) Exchange; inclusion in national recreation
area.--On transfer of the land described in paragraph
(1), the transferred land--
(A) may be exchanged by the Secretary for
private land described in section 6402(c)(5)--
(i) subject to a conservation
easement remaining on the transferred
land, to protect the scenic resources
of the transferred land; and
(ii) in accordance with the laws
(including regulations) and policies
governing National Park Service land
exchanges; and
(B) if not exchanged under subparagraph (A),
shall be added to, and managed as a part of,
the National Recreation Area.
(d) Addition to National Recreation Area.--Any land within
the boundary of the National Recreation Area that is acquired
by the United States shall be added to, and managed as a part
of, the National Recreation Area.
SEC. 6404. GENERAL MANAGEMENT PLAN.
Not later than 3 years after the date on which funds are made
available to carry out this title, the Director of the National
Park Service, in consultation with the Commissioner of
Reclamation, shall prepare a general management plan for the
National Recreation Area in accordance with section 100502 of
title 54, United States Code.
SEC. 6405. BOUNDARY SURVEY.
The Secretary (acting through the Director of the National
Park Service) shall prepare a boundary survey and legal
description of the National Recreation Area.
----------
9. An Amendment To Be Offered by Representative Pocan of Wisconsin or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title X, insert the following:
SEC. 10__. REDUCTION IN AMOUNT AUTHORIZED TO BE APPROPRIATED FOR FISCAL
YEAR 2021 BY THIS ACT.
(a) In General.--The amount authorized to be appropriated for
fiscal year 2021 by this Act is the aggregate amount authorized
to be appropriated for fiscal year 2021 by this Act minus the
amount equal to 10 percent of the aggregate amount.
(b) Allocation.--The reduction made by subsection (a) shall
apply on a pro rata basis among the accounts and funds for
which amounts are authorized to be appropriated by this Act
(other than the Defense Health Program, military personnel, and
persons appointed into the civil service as defined in section
2101 of title 5, United States Code), and shall be applied on a
pro rata basis across each program, project, and activity
funded by the account or fund concerned.
----------
10. An Amendment To Be Offered by Representative Pressley of
Massachusetts or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, add the following:
SEC. 17__. ONLINE AND DISTANCE EDUCATION CLASSES AND NONIMMIGRANT
VISAS.
(a) In General.--Notwithstanding any other provision of law,
for the period described in subsection (b), a nonimmigrant
described in subparagraph (F), (J), or (M) of section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) may engage in online or distance education classes
or programs that are determined necessary by an institution or
program described in such subparagraph for the protection of
health and safety, and such classes or programs shall count
towards the requirement to pursue a full course of study to
maintain nonimmigrant status.
(b) Period Described.--The period described in this section--
(1) begins on March 13, 2020; and
(2) ends on the date that is the later of--
(A) June 30, 2021; or
(B) the date that is 90 days after the date
on which the public health emergency declared
with respect to COVID-19 by the Secretary of
Health and Human Services under section 319 of
the Public Health Service Act (42 U.S.C. 247d)
is terminated.
----------
11. An Amendment To Be Offered by Representative Dean of Pennsylvania
or Her Designee, Debatable for 10 Minutes
In subtitle E of title XVII, add at the end the following:
SEC. __. PAYMENTS FOR PRIVATE EDUCATION LOAN BORROWERS, AS A RESULT OF
COVID-19.
(a) Relief for Covered Borrowers as a Result of the COVID-19
National Emergency.--
(1) Student loan relief as a result of the covid-19
national emergency.--The Secretary of the Treasury
shall carry out a program under which the Secretary
shall make payments, on behalf of a covered borrower,
with respect to the private education loans of such
borrower.
(2) Payment amount.--Payments made under paragraph
(1) with respect to a covered borrower shall be in an
amount equal to the lesser of--
(A) the total amount of each private
education loan of the borrower; or
(B) $10,000.
(3) Notification of borrowers.--Not later than 15
days following the date of enactment of this
subsection, the Secretary shall notify each covered
borrower of--
(A) the requirements to make payments under
this section; and
(B) the opportunity for such borrower to make
an election under paragraph (4)(A) with respect
to the application of such payments to the
private education loans of such borrower.
(4) Distribution of funding.--
(A) Election by borrower.--Not later than 45
days after a notice is sent under paragraph
(3), a covered borrower may elect to apply the
payments made under this subsection with
respect to such borrower under paragraph (1) to
any private education loan of the borrower.
(B) Automatic payment.--
(i) In general.--In the case of a
covered borrower who does not make an
election under subparagraph (A) before
the date described in such
subparagraph, the Secretary shall apply
the amount determined with respect to
such borrower under paragraph (1) in
order of the private education loan of
the borrower with the highest interest
rate.
(ii) Equal interest rates.--In case
of two or more private education loans
described in clause (i) with equal
interest rates, the Secretary shall
apply the amount determined with
respect to such borrower under
paragraph (1) first to the loan with
the highest principal.
(5) Data to implement.--Holders and servicers of
private education loans made to covered borrowers shall
report, to the satisfaction of the Secretary, the
information necessary to calculate the amount to be
paid under this subsection.
(6) Ratable reduction.--To the extent that amounts
appropriated to carry out this section are insufficient
to fully comply with the payments required under
paragraph (2), the Secretary shall distribute available
funds by ratably reducing the amounts required to be
paid under such paragraph.
(b) Additional Protections for Covered Borrowers.--
(1) Loan modification after payment.--Each private
education loan holder who receives a payment pursuant
to subsection (a) shall, before the first payment due
on the private education loan after the receipt of such
payment (and taking into account any suspension of
payments that may be required under any other provision
of law), modify the loan, based on the payment made
under subsection (a), to lower monthly payments due on
the loan. Such modification may take the form of a re-
amortization, a lowering of the applicable interest
rate, or any other modification that would lower such
payments.
(2) Repayment plan and forgiveness terms.--Each
private education loan holder who receives a payment
pursuant to subsection (a) shall modify all private
education loan contracts with respect to covered
borrowers that it holds to provide for the same
repayment plan and forgiveness terms available to
Direct Loans borrowers under section 685.209(c) of
title 34, Code of Federal Regulations, in effect as of
January 1, 2020.
(3) Treatment of state statutes of limitation.--For a
covered borrower who has defaulted on a private
education loan under the terms of the promissory note
prior to any loan payment made under subsection (a), no
payment made under such subsection shall be considered
an event that impacts the calculation of the applicable
State statutes of limitation.
(4) Prohibition on pressuring borrowers.--
(A) In general.--A private education loan
debt collector or creditor may not pressure a
covered borrower to elect to apply any amount
received pursuant to subsection (a) to any
private education loan.
(B) Violations.--A violation of this
paragraph is deemed--
(i) an unfair, deceptive, or abusive
act or practice under Federal law in
connection with any transaction with a
consumer for a consumer financial
product or service under section 1031
of the Consumer Financial Protection
Act of 2010 (12 U.S.C. 5531); and
(ii) with respect to a violation by a
debt collector, an unfair or
unconscionable means to collect or
attempt to collect any debt under
section 808 of the Federal Debt
Collection Practices Act (15 U.S.C.
1692f).
(C) Pressure defined.--In this paragraph, the
term ``pressure'' means any communication,
recommendation, or other similar communication,
other than providing basic information about a
borrower's options, urging a borrower to make
an election described under subsection (a).
(c) Definitions.--In this section:
(1) Covered borrower.--The term ``covered borrower''
means a borrower of a private education loan.
(2) Fair debt collection practices act terms.--The
terms ``creditor'' and ``debt collector'' have the
meaning given those terms, respectively, under section
803 of the Fair Debt Collection Practices Act (15
U.S.C. 1692a).
(3) Private education loan.--The term ``private
education loan'' has the meaning given the term in
section 140 of the Truth in Lending Act (15 U.S.C.
1650).
(4) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury.
----------
12. An Amendment To Be Offered by Representative Thompson of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, insert the following:
SEC. 17__. TRANSFER OF MARE ISLAND NAVAL CEMETERY TO SECRETARY OF
VETERANS AFFAIRS FOR MAINTENANCE BY NATIONAL
CEMETERY ADMINISTRATION.
(a) Agreement.--Beginning on the date that is 180 days after
the date on which the Secretary submits the report required by
subsection (c)(1), the Secretary of Veterans Affairs shall seek
to enter into an agreement with the city of Vallejo,
California, under which the city of Vallejo shall transfer to
the Secretary all right, title, and interest in the Mare Island
Naval Cemetery in Vallejo, California, at no cost to the
Secretary. The Secretary shall seek to enter into such
agreement before the date that is one year after the date on
which such report is submitted.
(b) Maintenance by National Cemetery Administration.--If the
Mare Island Naval Cemetery is transferred to the Secretary of
Veterans Affairs pursuant to subsection (a), the National
Cemetery Administration shall maintain the cemetery as a
national shrine.
(c) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the feasibility
and advisability of exercising the authority granted by
subsection (a).
(2) Contents.--The report submitted under paragraph
(1) shall include the following:
(A) An assessment of the feasibility and
advisability of exercising the authority
granted by subsection (a).
(B) An estimate of the costs, including both
direct and indirect costs, that the Department
of Veterans Affairs would incur by exercising
such authority.
----------
13. An Amendment To Be Offered by Representative Gallego of Arizona or
His Designee, Debatable for 10 Minutes
At the end of subtitle E of title XII, add the following:
SEC. 12__. CLARIFICATION AND EXPANSION OF SANCTIONS RELATING TO
CONSTRUCTION OF NORD STREAM 2 OR TURKSTREAM
PIPELINE PROJECTS.
(a) In General.--Subsection (a)(1) of section 7503 of the
Protecting Europe's Energy Security Act of 2019 (title LXXV of
Public Law 116-92; 22 U.S.C. 9526 note) is amended--
(1) in subparagraph (A), by inserting ``or pipelaying
activities'' after ``pipe-laying''; and
(2) in subparagraph (B)--
(A) in clause (i)--
(i) by inserting ``, or significantly
facilitated the sale, lease, or
provision of,'' after ``provided''; and
(ii) by striking ``; or'' and
inserting a semicolon;
(B) in clause (ii), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(iii) provided significant
underwriting services or insurance for
those vessels; or
``(iv) provided significant services
or facilities for technology upgrades
or installation of welding equipment
for, or retrofitting or tethering of,
those vessels.''.
(b) Definitions.--Subsection (i) of such section is amended--
(1) by redesignating paragraph (5) as paragraph (6);
and
(2) by inserting after paragraph (4) the following:
``(5) Pipe-laying activities.--The term `pipe-laying
activities' means activities that facilitate pipe-
laying, including site preparation, trenching,
surveying, placing rocks, stringing, bending, welding,
coating, lowering of pipe, and backfilling.''.
(c) Clarification.--The amendments made by subsection (a)
shall take effect in accordance with (d) of section 7503 of the
Protecting Europe's Energy Security Act of 2019 (22 U.S.C. 9526
note).
(d) Interim Report Required.--
(1) In general.--As soon as practicable and not later
than 90 days after the date of the enactment of this
Act, the Secretary of State, in consultation with the
Secretary of the Treasury, shall submit a report on the
matters required by subsection (a) of section 7503 of
the Protecting Europe's Energy Security Act of 2019 (22
U.S.C. 9526 note), as amended by this section, with
respect to the period--
(A) beginning on the later of--
(i) the date of the enactment of this
Act; or
(ii) the date of the most recent
submission of a report required by such
section 7503; and
(B) ending on the date on which the report
required by this subparagraph is submitted.
(2) Treatment.--A report submitted pursuant to
paragraph (1) shall be--
(A) submitted to the same committees as a
report submitted under subsection (a) of such
section 7503; and
(B) otherwise treated as a report submitted
under such subsection (a) for purposes of all
authorities granted by such section pursuant to
such a report.
----------
14. An Amendment To Be Offered by Representative Walden of Oregon or
His Designee, Debatable for 10 Minutes
At the end of subtitle D of title XVI, add the following new
section:
SEC. 16__. ROLE OF SECRETARY OF DEFENSE AND SECRETARY OF ENERGY ON
NUCLEAR WEAPONS COUNCIL.
(a) Membership.--Subsection (a) of section 179 of title 10,
United States Code, is amended--
(1) by redesignating paragraphs (1) through (6) as
paragraphs (3) through (8), respectively; and
(2) by inserting before paragraph (3), as so
redesignated, the following new paragraphs:
``(1) The Secretary of Defense.
``(2) The Secretary of Energy.''.
(b) Chairman; Meetings.--Subsection (b) of section 179 of
title 10, United States Code, is amended to read as follows:
``(b) Chairman; Meetings.--(1) The Council shall be co-
chaired by the Secretary of Defense and the Secretary of
Energy. Any reference in any statute or regulation to the
Chairman of the Council shall be deemed to be a reference to
the Secretary of Defense and the Secretary of Energy jointly.
``(2) The Council shall meet not less often than once every
three months. To the extent possible, not later than seven days
before a meeting, the Chairman shall disseminate to each member
of the Council the agenda and documents for such meeting.''.
----------
15. An Amendment To Be Offered by Representative Langevin of Rhode
Island or His Designee, Debatable for 10 Minutes
At the end of title XI, add the following:
Subtitle C--Office of the National Cyber Director
SEC. 1131. SHORT TITLE.
This subtitle may be cited as the ``National Cyber Director
Act''.
SEC. 1132. NATIONAL CYBER DIRECTOR.
(a) Establishment.--There is established, within the
Executive Office of the President, the Office of the National
Cyber Director (in this section referred to as the ``Office'').
(b) National Cyber Director.--
(1) In general.--The Office shall be headed by the
National Cyber Director (in this section referred to as
the ``Director'') who shall be appointed by the
President, by and with the advice and consent of the
Senate. The Director shall hold office at the pleasure
of the President, and shall be entitled to receive the
same pay and allowances as are provided for level I of
the Executive Schedule under section 5312 of title 5,
United States Code.
(2) Deputy directors.--There shall be two Deputy
National Cyber Directors, to be appointed by the
President, who shall hold office at the pleasure of the
President, and who shall report to the Director, as
follows:
(A) The Deputy National Cyber Director for
Strategy, Capabilities, and Budget.
(B) The Deputy National Cyber Director for
Plans and Operations.
(c) Duties of the National Cyber Director.--
(1) In general.--Subject to the authority, direction,
and control of the President, the Director shall--
(A) serve as the principal advisor to the
President on cybersecurity strategy and policy;
(B) in consultation with appropriate Federal
departments and agencies, develop the United
States' National Cyber Strategy, which shall
include elements related to Federal departments
and agencies--
(i) information security; and
(ii) programs and policies intended
to improve the United States'
cybersecurity posture;
(C) in consultation with appropriate Federal
departments and agencies and upon approval of
the National Cyber Strategy by the President,
supervise implementation of the strategy by--
(i) in consultation with the Director
of the Office of Management and Budget,
monitoring and assessing the
effectiveness, including cost-
effectiveness, of Federal departments
and agencies' implementation of the
strategy;
(ii) making recommendations relevant
to changes in the organization,
personnel and resource allocation, and
policies of Federal departments and
agencies to the Director of the Office
of Management and Budget and heads of
such departments and agencies in order
to implement the strategy;
(iii) reviewing the annual budget
proposal for each Federal department or
agency and certifying to the head of
each Federal department or agency and
the Director of the Office Management
and Budget whether the department or
agency proposal is consistent with the
strategy;
(iv) continuously assessing and
making relevant recommendations to the
President on the appropriate level of
integration and interoperability across
the Federal cybersecurity operations
centers;
(v) coordinating with the Federal
Chief Information Officer, the Federal
Chief Information Security Officer, the
Director of the Cybersecurity and
Infrastructure Security Agency, and the
Director of National Institute of
Standards and Technology on the
development and implementation of
policies and guidelines related to
issues of Federal department and agency
information security; and
(vi) reporting annually to the
President and the Congress on the state
of the United States' cybersecurity
posture, the effectiveness of the
strategy, and the status of Federal
departments and agencies'
implementation of the strategy;
(D) lead joint interagency planning for the
Federal Government's integrated response to
cyberattacks and cyber campaigns of significant
consequence, to include--
(i) coordinating with relevant
Federal departments and agencies in the
development of, for the approval of the
President, joint, integrated
operational plans, processes, and
playbooks for incident response that
feature--
(I) clear lines of authority
and lines of effort across the
Federal Government;
(II) authorities that have
been delegated to an
appropriate level to facilitate
effective operational responses
across the Federal Government;
and
(III) support for the
integration of defensive cyber
plans and capabilities with
offensive cyber plans and
capabilities in a manner
consistent with improving the
United States' cybersecurity
posture;
(ii) exercising these operational
plans, processes, and playbooks;
(iii) updating these operational
plans, processes, and playbooks for
incident response as needed in
coordination with ongoing offensive
cyber plans and operations; and
(iv) ensuring these plans, processes,
and playbooks are properly coordinated
with relevant private sector entities,
as appropriate;
(E) direct the Federal Government's response
to cyberattacks and cyber campaigns of
significant consequence, to include--
(i) developing for the approval of
the President, with the heads of
relevant Federal departments and
agencies independently or through the
National Security Council as directed
by the President, operational
priorities, requirements, and tasks;
(ii) coordinating, deconflicting, and
ensuring the execution of operational
activities in incident response; and
(iii) coordinating operational
activities with relevant private sector
entities;
(F) coordinate and consult with private
sector leaders on cybersecurity and emerging
technology issues with the support of, and in
coordination with, the Cybersecurity and
Infrastructure Security Agency and other
Federal departments and agencies, as
appropriate;
(G) annually report to Congress on
cybersecurity threats and issues facing the
nation, including any new or emerging
technologies that may impact national security,
economic prosperity, or enforcing the rule of
law; and
(H) be responsible for such other functions
as the President may direct.
(2) Delegation of authority.--The Director may--
(A) serve as the senior representative on any
body that the President may establish for the
purpose of providing the President advice on
cybersecurity;
(B) be empowered to convene National Security
Council, National Economic Council and Homeland
Security Council meetings, with the concurrence
of the National Security Advisor, Homeland
Security Advisor, or Director of the National
Economic Council, as appropriate;
(C) be included as a participant in
preparations for and, if appropriate, execution
of cybersecurity summits and other
international meetings at which cybersecurity
is a major topic;
(D) delegate any of the Director's functions,
powers, and duties to such officers and
employees of the Office as he may designate;
and
(E) authorize such successive re-delegations
of such functions, powers, and duties to such
officers and employees of the Office as he may
deem appropriate.
(d) Attendance and Participation in National Security Council
Meetings.--Section 101(c)(2) of the National Security Act of
1947 (50 U.S.C. 3021(c)(2)) is amended by striking ``and the
Chairman of the Joint Chiefs of Staff'' and inserting ``the
Chairman of the Joint Chiefs of Staff, and the National Cyber
Director''.
(e) Powers of the Director.--The Director may, for the
purposes of carrying out the Director's functions under this
section--
(1) subject to the civil service and classification
laws, select, appoint, employ, and fix the compensation
of such officers and employees as are necessary and
prescribe their authority and duties, except that not
more than 75 individuals may be employed without regard
to any provision of law regulating the employment or
compensation at rates not to exceed the basic rate of
basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code;
(2) employ experts and consultants in accordance with
section 3109 of title 5, United States Code, and
compensate individuals so employed for each day
(including travel time) at rates not in excess of the
maximum rate of basic pay for grade GS-15 as provided
in section 5332 of such title, and while such experts
and consultants are so serving away from their homes or
regular place of business, to pay such employees travel
expenses and per diem in lieu of subsistence at rates
authorized by section 5703 of such title 5 for persons
in Federal Government service employed intermittently;
(3) promulgate such rules and regulations as may be
necessary to carry out the functions, powers, and
duties vested in the Director;
(4) utilize, with their consent, the services,
personnel, and facilities of other Federal agencies;
(5) enter into and perform such contracts, leases,
cooperative agreements, or other transactions as may be
necessary in the conduct of the work of the Office and
on such terms as the Director may determine
appropriate, with any Federal agency, or with any
public or private person or entity;
(6) accept voluntary and uncompensated services,
notwithstanding the provisions of section 1342 of title
31, United States Code;
(7) adopt an official seal, which shall be judicially
noticed; and
(8) provide, where authorized by law, copies of
documents to persons at cost, except that any funds so
received shall be credited to, and be available for use
from, the account from which expenditures relating
thereto were made.
(f) Definitions.--In this section:
(1) Cybersecurity posture.--The term ``cybersecurity
posture'' means the ability to identify and protect,
and detect, respond to and recover from intrusions in,
information systems the compromise of which could
constitute a cyber attack or cyber campaign of
significant consequence.
(2) Cyber attacks and cyber campaigns of significant
consequence.--The term ``cyber attacks and cyber
campaigns of significant consequence'' means an
incident or series of incidents that have the purpose
or effect of--
(A) causing a significant disruption to the
availability of a Federal information system;
(B) harming, or otherwise significantly
compromising the provision of service by, a
computer or network of computers that support
one or more entities in a critical
infrastructure sector;
(C) significantly compromising the provision
of services by one or more entities in a
critical infrastructure sector;
(D) causing a significant misappropriation of
funds or economic resources, trade secrets,
personal identifiers, or financial information
for commercial or competitive advantage or
private financial gain; or
(E) otherwise constituting a significant
threat to the national security, foreign
policy, or economic health or financial
stability of the United States.
(3) Incident.--The term ``incident'' has the meaning
given that term in section 3552 of title 44, United
States Code.
(4) Information security.--The term ``information
security'' has the meaning given that term in section
3552 of title 44, United States Code.
----------
16. An Amendment To Be Offered by Representative Wexton of Virginia or
Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title XI, add the following:
SEC. 1111. RESTORATION OF ANNUAL LEAVE DUE TO A PANDEMIC.
(a) In General.--Section 6304(d) of title 5, United States
Code, is amended by adding at the end the following new
paragraph:
``(5) For the purposes of this subsection, the
service of an employee during a pandemic shall be
deemed to be an exigency of the public business, and
any leave that, by reason of such service, is lost by
the employee by operation of this section (regardless
of whether such leave was scheduled) shall be restored
to the employee and shall be credited and available in
accordance with paragraph (2).''.
(b) Applicability.--The amendment made by subsection (a)
shall apply to any leave lost on or after the date of enactment
of this Act.
----------
17. An Amendment To Be Offered by Representative Adams of North
Carolina or Her Designee, Debatable for 10 Minutes
In subtitle E of title XVII, add at the end the following:
SEC. __. TEMPORARY RELIEF FOR PRIVATE STUDENT LOAN BORROWERS.
(a) In General.--A servicer of a private education loan
extended to a covered borrower shall suspend all payments on
such loan through September 30, 2021.
(b) No Accrual of Interest.--Interest shall not accrue on a
loan described under subsection (a) for which payment was
suspended for the period of the suspension.
(c) Consideration of Payments.--A servicer of a private
education loan extended to a covered borrower shall deem each
month for which a loan payment was suspended under this section
as if the borrower of the loan had made a payment for the
purpose of any loan forgiveness program or loan rehabilitation
program for which the borrower would have otherwise qualified.
(d) Reporting to Consumer Reporting Agencies.--During the
period in which a loan payment was suspended under this
section, the servicer of the loan shall ensure that, for the
purpose of reporting information about the loan to a consumer
reporting agency, any payment that has been suspended is
treated as if it were a regularly scheduled payment made by a
borrower.
(e) Suspending Involuntary Collection.--During the period for
which a loan payment was suspended under this section, the
servicer or holder of the loan shall suspend all involuntary
collection related to the loan.
(f) Notice to Borrowers and Transition Period.--To inform
covered borrowers of the actions taken in accordance with this
section and ensure an effective transition, the servicer of a
private education loan extended to a covered borrower shall--
(1) not later than 15 days after the date of
enactment of this Act, notify covered borrowers--
(A) of the actions taken in accordance with
subsections (a) and (b) for whom payments have
been suspended and interest waived;
(B) of the actions taken in accordance with
subsection (e) for whom collections have been
suspended;
(C) of the option to continue making payments
toward principal; and
(D) that the program under this section is a
temporary program; and
(2) beginning on August 1, 2020, carry out a program
to provide not less than 6 notices by postal mail,
telephone, or electronic communication to covered
borrowers indicating when the borrower's normal payment
obligations will resume.
(g) Definitions.--In this section:
(1) Covered borrower.--The term ``covered borrower''
means a borrower of a private education loan.
(2) Private education loan.--The term ``private
education loan'' has the meaning given the term in
section 140 of the Truth in Lending Act (15 U.S.C.
1650).
----------
18. An Amendment To Be Offered by Representative Deutch of Florida or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle G of title XII the following:
SEC. 12__. COUNTERING WHITE IDENTITY TERRORISM GLOBALLY.
(a) Strategy and Coordination.--Not later than six months
after the date of the enactment of this Act, the Secretary of
State shall--
(1) develop and submit to the Committee on Foreign
Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a
Department of State-wide strategy entitled the
``Department of State Strategy for Countering White
Identity Terrorism Globally'' (in this section referred
to as the ``strategy''); and
(2) designate the Coordinator for Counterterrorism of
the Department to coordinate Department efforts to
counter white identity terrorism globally, including
with United States diplomatic and consular posts, the
Director of the National Counterterrorism Center, the
Director of the Central Intelligence Agency, the
Attorney General, the Director of National
Intelligence, the Secretary of Homeland Security, the
Director of the Federal Bureau of Investigation, the
Secretary of the Treasury, and the heads of any other
relevant Federal departments or agencies.
(b) Elements.--The strategy shall at a minimum contain the
following:
(1) An assessment of the global threat from white
identity terrorism abroad, including geographic or
country prioritization based on the assessed threat to
the United States.
(2) A description of the coordination mechanisms
between relevant bureaus and offices within the
Department of State, as well as with United States
diplomatic and consular posts, for developing and
implementing efforts to counter white identity
terrorism.
(3) A description of how the Department plans to
build on any existing strategy developed by the Bureau
for Counterterrorism to--
(A) adapt or expand existing Department
programs, projects, activities, or policy
instruments based on existing authorities for
the specific purpose of degrading and
delegitimizing the white identity terrorist
movement globally; and
(B) identify the need for any new Department
programs, projects, activities, or policy
instruments for the specific purpose of
degrading and delegitimizing the white identity
terrorist movement globally, including a
description of the steps and resources
necessary to establish any such programs,
projects, activities, or policy instruments,
noting whether such steps would require new
authorities.
(4) Detailed plans for using public diplomacy,
including the efforts of the Secretary of State and
other senior Executive Branch officials, including the
President, to degrade and delegitimize white identity
terrorist ideologues and ideology globally, including
by--
(A) countering white identity terrorist
messaging and supporting efforts to redirect
potential supporters away from white identity
terrorist content online;
(B) exposing foreign government support for
white identity terrorist ideologies,
objectives, ideologues, networks,
organizations, and internet platforms;
(B) engaging with foreign governments and
internet service providers and other relevant
technology entities, to prevent or limit white
identity terrorists from exploiting internet
platforms in furtherance of or in preparation
for acts of terrorism or other targeted
violence, as well as the recruitment,
radicalization, and indoctrination of new
adherents to white identity terrorism; and
(C) identifying the roles and
responsibilities for the Office of the Under
Secretary for Public Affairs and Public
Diplomacy and the Global Engagement Center in
developing and implementing such plans.
(6) An outline of steps the Department is taking or
will take in coordination, as appropriate, with the
Director of the National Counterterrorism Center, the
Director of the Central Intelligence Agency, the
Attorney General, the Director of National
Intelligence, the Secretary of Homeland Security, the
Director of the Federal Bureau of Investigation, the
Secretary of the Treasury, and the heads of any other
relevant Federal departments or agencies to improve
information and intelligence sharing with other
countries on white identity terrorism based on existing
authorities by--
(A) describing plans for adapting or
expanding existing mechanisms for sharing
information, intelligence, or counterterrorism
best practices, including facilitating the
sharing of information, intelligence, or
counterterrorism best practices gathered by
Federal, State, and local law enforcement; and
(B) proposing new mechanisms or forums that
might enable expanded sharing of information,
intelligence, or counterterrorism best
practices.
(7) An outline of how the Department plans to use
designation as a Specially Designated Global Terrorist
(under Executive Order 13224 (50 U.S.C. 1701 note)) and
foreign terrorist organization (pursuant to section 219
of the Immigration and Nationality Act (8 U.S.C. 1189))
to support the strategy, including--
(A) an assessment and explanation of the
utility of applying or not applying such
designations when individuals or entities
satisfy the criteria for such designations; and
(B) a description of possible remedies if
such criteria are insufficient to enable
designation of any individuals or entities the
Secretary of State considers a potential
terrorist threat to the United States.
(8) A description of the Department's plans, in
consultation with the Department of the Treasury, to
work with foreign governments, financial institutions,
and other related entities to counter the financing of
white identity terrorists within the parameters of
current law, or if no such plans exist, a description
of why.
(9) A description of how the Department plans to
implement the strategy in conjunction with ongoing
efforts to counter the Islamic State, al-Qaeda, and
other terrorist threats to the United States.
(10) A description of how the Department will
integrate into the strategy lessons learned in the
ongoing efforts to counter the Islamic State, al-Qaeda,
and other terrorist threats to the United States.
(11) A identification of any additional resources or
staff needed to implement the strategy.
(c) Interagency Coordination.--The Secretary of State shall
develop the strategy in coordination with the Director of the
National Counterterrorism Center and in consultation with the
Director of the Central Intelligence Agency, the Attorney
General, the Director of National Intelligence, the Secretary
of Homeland Security, the Director of the Federal Bureau of
Investigation, the Secretary of the Treasury, and the heads of
any other relevant Federal departments or agencies.
(d) Stakeholder Inclusion.--The strategy shall be developed
in consultation with representatives of United States and
international civil society and academic entities with
experience researching or implementing programs to counter
white identity terrorism.
(e) Form.--The strategy shall be submitted in unclassified
form that can be made available to the public, but may include
a classified annex if the Secretary of State determines such is
appropriate.
(f) Implementation.--Not later than three months after the
submission of the strategy, the Secretary of State shall begin
implementing the strategy.
(g) Consultation.--Not later than 90 days after the date of
the enactment of this Act and not less often than annually
thereafter, the Secretary of State shall consult with the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate regarding
the development and implementation of the strategy.
(h) Country Reports on Terrorism.--The Secretary of State
shall incorporate all credible information about white identity
terrorism, including regarding relevant attacks, the
identification of perpetrators and victims of such attacks, the
size and identification of organizations and networks, and the
identification of notable ideologues, in the annual country
reports on terrorism submitted pursuant to section 140 of the
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656f).
(i) Report on Sanctions.--
(1) In general.--Not later than 120 days and again
240 days after the submission of each annual country
report on terrorism submitted pursuant to section 140
of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (22 U.S.C. 2656f), as modified in
accordance with subsection (h), the President shall
submit to the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate a report that determines
whether the foreign persons, organizations, and
networks identified in such annual country reports on
terrorism as so modified, satisfy the criteria to be
designated as--
(A) foreign terrorist organizations under
section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189); or
(B) Specially Designated Global Terrorist
under Executive Order 13224 (50 U.S.C. 1701
note).
(2) Form.--Each determination required under
subsection (a) shall be submitted in unclassified form,
but may include a classified annex, if appropriate.
(j) Requirement for Independent Study to Map the Global White
Identity Terrorism Movement.--
(1) In general.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of
State shall enter into a contract with a federally
funded research and development center with appropriate
expertise and analytical capability to carry out the
study described in paragraph (2).
(2) Study.--The study described in this subsection
shall provide for a comprehensive social network
analysis of the global white identity terrorism
movement to--
(A) identify key actors, organizations, and
supporting infrastructure; and
(B) map the relationships and interactions
between such actors, organizations, and
supporting infrastructure.
(3) Report.--
(A) To the secretary.--Not later than one
year after the date on which the Secretary of
State enters into a contract pursuant to
subsection (a), the federally funded research
and development center referred to in such
subsection that has entered into such contract
with the Secretary shall submit to the
Secretary a report containing the results of
the study required under this section.
(B) To congress.--Not later than 30 days
after receipt of the report under subparagraph
(A), the Secretary of State shall submit to the
Committee of Foreign Affairs of the House of
Representatives and the Committee on Foreign
Relations of the Senate such report, together
with any additional views or recommendations of
the Secretary.
----------
19. An Amendment To Be Offered by Representative Houlahan of
Pennsylvania or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title X, insert the following:
SEC. 10__. REQUIREMENTS IN CONNECTION WITH USE OF PERSONNEL OTHER THAN
THE MILITIA OR THE ARMED FORCES TO SUPPRESS
INTERFERENCE WITH STATE AND FEDERAL LAW.
(a) In General.--Section 253 of title 10, United States Code,
is amended--
(1) by inserting ``(a) In General.--'' before ``The
President''; and
(2) by adding at the end the following new
subsection:
``(b) Use of Other Means.--(1) Other means used by the
President pursuant to subsection (a) may only include
activities by Federal law enforcement officers.
``(2) Any Federal law enforcement officer performing duty
pursuant to subsection (a) shall visibly display on the uniform
or other clothing of such officer--
``(A) the name of such officer; and
``(B) the name of the agency for which such officer
is employed.
``(3) In this subsection:
``(A) The term `Federal law enforcement officer'
means--
``(i) an employee or officer in a position in
the executive, legislative, or judicial branch
of the Federal Government who--
``(I) is authorized by law to engage
in or supervise a law enforcement
function; or
``(II) has statutory powers of arrest
or apprehension under section 807(b) of
this title (article 7(b) of the Uniform
Code of Military Justice); or
``(ii) an employee or officer of a contractor
or subcontractor (at any tier) of an agency in
the executive, legislative, or judicial branch
of the Federal Government who is authorized by
law or under the contract with the agency to
engage in or supervise a law enforcement
function; and
``(B) The term `law enforcement function' means the
prevention, detection, or investigation of, or the
prosecution or incarceration of any person for, any
violation of law.''.
(b) Rule of Construction.--Nothing in this section, or the
amendments made by this section, shall be construed to limit or
otherwise supersede the authority of Federal law enforcement
officials who do not wear a uniform in the regular performance
of their official duties or who are engaged in undercover
operations to perform their official duties under authorities
other than section 253 of title 10, United States Code.
----------
20. An Amendment To Be Offered by Representative Torres of California
or Her Designee, Debatable for 10 Minutes
Page 1202, line 22, insert after ``Forces'' the following:
``(other than the limited exception described in clause
(iv))''.
Page 1203, after line 7, insert the following new clause (and
redesignate subsequent clauses accordingly):
(iv) Is a deceased woman who overcame
prejudice and adversity to perform
distinguished military service on
behalf of the United States, including
a woman who performed such
distinguished military service (whether
temporary service, auxiliary service,
or other qualifying military service)
before 1948 when women were allowed to
officially join the Armed Forces.
----------
21. An Amendment To Be Offered by Representative Khanna of California
or His Designee, Debatable for 10 Minutes
Page 870, after line 24, add the following:
SEC. 12__. REPORT ON US MILITARY SUPPORT OF THE SAUDI-LED COALITION IN
YEMEN.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate committees of Congress a
report that includes--
(1) a description of the military support, training,
and defense articles provided by the Department of
Defense to Saudi Arabia, the Government of the United
Arab Emirates, and other countries participating in the
Saudi-led coalition since March 2015, including--
(A) an annual description, by fiscal year or
calendar year, of all transfers of logistics
support, supplies, defense articles, and
services under sections 2341 and 2342 of title
10, United States Code, or any other applicable
law;
(B) a description of the total financial
value of such transfers and which countries
bore the cost described in subparagraph (A) of
these transfers, including the status of the
reimbursement of costs from Saudi Arabia, the
Government of the United Arab Emirates and the
Saudi-led coalition to the Department of
Defense; and
(C) a description of the types of training
provided by the Department of Defense,
including the authorities under which this
training was provided, and whether such
training has included tactics for stopping,
searching and seizing boats, or other
activities that could be used to restrict the
importation of commercial and humanitarian
shipments into and out of Yemen;
(2) a description and evaluation of processes used by
the Department of Defense to determine whether the
types of military support described in paragraph (1)(A)
have impacted the restriction of the movement of
persons into or out of Yemen, the restriction of the
importation of commercial and humanitarian shipments
into and out of Yemen, or the illicit profit from such
importation by any of the warring parties in the
conflict in Yemen;
(3) a description and evaluation of processes used by
the Department of Defense to determine whether the type
of military support described in paragraph (1)(C) has
been use by any of the warring parties in the conflict
in Yemen to restrict the importation of commercial and
humanitarian shipments into and out of Yemen; and
(4) a description and evaluation of processes used by
the Department of Defense to determine what steps the
Department has taken to reduce restrictions on the
movement of persons into or out of Yemen, and
restrictions on the importation of commercial and
humanitarian shipments into and out of Yemen, or the
illicit profit of such importation by any of the
warring parties in the conflict in Yemen.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Appropriate Committees of Congress.--In this section, the
term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, the Permanent Select Committee on
Intelligence, and the Committee on Financial Services
of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, the Select Committee on
Intelligence, and the Committee on Banking, Housing,
and Urban Affairs of the Senate.
----------
22. An Amendment To Be Offered by Representative Lieu of California or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle G of title XII the following:
SEC. 12__. YEMEN.
(a) Statement of Policy.--It is the policy of the United
States--
(1) to protect United States citizens and strategic
interests in the Middle East region;
(2) to support United Nations-led efforts to end
violence in Yemen and secure a comprehensive political
settlement to the conflict in Yemen that results in
protection of civilians and civilian infrastructure and
alleviates the humanitarian crisis including by
facilitating unfettered access for all Yemenis to food,
fuel, and medicine;
(3) to encourage all parties to the conflict in Yemen
to participate in good faith in the United Nations-led
process and to uphold interim agreements as part of
that process to end the conflict, leading to
reconstruction in Yemen;
(4) to support United States allies and partners in
defending their borders and territories in order to
maintain stability and security in the Middle East
region and encourage burden sharing among such allies
and partners;
(5) to assist United States allies and partners in
countering destabilization of the Middle East region;
(6) to oppose Iranian arms transfers in violation of
UN Security Council resolutions, including transfers to
the Houthis;
(7) to encourage the Government of Saudi Arabia and
the Government of the United Arab Emirates to assist
significantly in the economic stabilization and
eventual reconstruction of Yemen; and
(8) to encourage all parties to the conflict to
comply with the law of armed conflict, including to
investigate credible allegations of war crimes and
provide redress to civilian victims.
(b) Report on Conflict in Yemen.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act , the Secretary of
State, in consultation with the Secretary of Defense
and the Director of National Intelligence, shall submit
to the appropriate congressional committees a report on
United States policy in Yemen.
(2) Matters to be included.--The report required
under subsection (b) shall include the following:
(A) A detailed description of diplomatic
actions taken by the United States Government
to help ease human suffering in Yemen,
including--
(i) United States direct humanitarian
assistance and United States donations
to multilateral humanitarian assistance
efforts, including to address the
COVID-19 pandemic;
(ii) efforts to ensure that
humanitarian assistance is delivered in
line with internationally recognized
humanitarian principles, and the
results of such efforts;
(iii) efforts to facilitate
humanitarian and commercial cargo
shipments into Yemen and minimize
delays associated with such shipments,
including access to ports for
humanitarian and commercial cargo, and
the results of such efforts;
(iv) efforts to work with parties to
the conflict in Yemen to ensure
protection of civilians and civilian
infrastructure, and the results of such
efforts;
(iv) efforts to help the Government
of Yemen to create a mechanism to
ensure that salaries and pensions are
paid to civil servants as appropriate,
and the results of such efforts; and
(v) efforts to work with ROYG and
countries that are members of the
Saudi-led coalition in Yemen to address
the currency crisis in Yemen and the
solvency of the Central Bank of Yemen,
and the results of such efforts.
(B) An assessment of plans, commitments, and
pledges for reconstruction of Yemen made by
countries that are members of the Saudi-led
coalition in Yemen, including an assessment of
proposed coordination with the Government of
Yemen and international organizations.
(C) A description of civilian harm occurring
in the context of the conflict in Yemen since
Nov 2017, including--
(i) mass casualty incidents; and
(ii) damage to, and destruction of,
civilian infrastructure and services.
(D) An estimated total number of civilian
casualties in the context of the conflict in
Yemen since September 2014, disaggregated by
year.
(E) A detailed description of actions taken
by the United States Government to support the
efforts of the United Nations Special Envoy for
Yemen to reach a lasting political solution in
Yemen.
(F) A detailed assessment of whether and to
what extent members of the Saudi-led coalition
in Yemen have used United States-origin defense
articles and defense services in Yemen in
contravention of the laws of armed conflict
when engaging in any military operations
against the Houthis in Yemen.
(G) A description of external and cross
border attacks perpetrated by the Houthis.
(H) A detailed assessment of the Government
of Yemen's willingness and capacity to
effectively--
(i) provide public services to the
people of Yemen;
(ii) service the external debts of
Yemen; and
(iii) facilitate or ensure access to
humanitarian assistance and key
commodities in Yemen.
(I) A description of support for the Houthis
by Iran and Iran-backed groups, including
provision of weapons and training.
(J) A description of recruitment and use of
child soldiers by parties to the conflict in
Yemen.
(3) Form.--The report required under paragraph (1)
shall be submitted in unclassified form (without the
classification ``For Official Use Only'') but may
contain a classified annex.
(4) Appropriate congressional committees defined.--In
this subsection, the term ``appropriate congressional
committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives;
(B) the Committee on Foreign Relations and
the Committee on Armed Services of the Senate;
(C) the Permanent Select Committee on
Intelligence of the House of Representatives;
and
(D) the Select Committee on Intelligence of
the Senate.
(c) Report on United States Military Support.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller
General of the United States shall submit to the
appropriate congressional committees a report on United
States military support to countries that are members
of the Saudi-led coalition in Yemen since March 2015
that evaluates--
(A) the manner and extent to which the United
States military has provided and continues to
provide support to such countries in Yemen;
(B) the extent to which the Department of
Defense has determined that its advice or
assistance has--
(i) minimized violations of the laws
of armed conflict in Yemen, including
any credible allegations of torture,
arbitrary detention, and other gross
violations of internationally
recognized human rights by ROYG and
countries that are members of the
Saudi-led coalition in Yemen; and
(ii) reduced civilian casualties and
damage to civilian infrastructure;
(C) the responsiveness and completeness of
any certifications submitted pursuant to
section 1290 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 2081); and
(D) the responsiveness and completeness of
any reports submitted pursuant to section 1274
of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 2067).
(2) Form.--The report required under paragraph (1)
shall be submitted in unclassified form (without the
classification ``For Official Use Only''), but may
contain a classified annex.
(3) Appropriate congressional committees defined.--In
this subsection, the term ``appropriate congressional
committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Armed Services of the Senate.
----------
24. An Amendment To Be Offered by Representative Cicilline of Rhode
Island or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title V, add the following:
SEC. 539A. TO RESOLVE CONTROVERSIES UNDER SERVICEMEMBERS CIVIL RELIEF
ACT.
(a) In General.--Section 102 of the Servicemembers Civil
Relief Act (50 U.S.C. 3912) is amended by adding at the end the
following new subsection:
``(d) Written Consent Required for Arbitration.--
Notwithstanding any other provision of law, whenever a contract
with a servicemember, or a servicemember and the
servicemember's spouse jointly, provides for the use of
arbitration to resolve a controversy subject to a provision of
this Act and arising out of or relating to such contract,
arbitration may be used to settle such controversy only if,
after such controversy arises, all parties to such controversy
consent in writing to use arbitration to settle such
controversy.''.
(b) Applicability.--Subsection (d) of such section, as added
by subsection (a), shall apply with respect to contracts
entered into, amended, altered, modified, renewed, or extended
after the date of the enactment of this Act.
SEC. 539B. LIMITATION ON WAIVER OF RIGHTS AND PROTECTIONS UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
(a) In General.--Section 107(a) of the Servicemembers Civil
Relief Act (50 U.S.C. 3918(a)) is amended--
(1) in the second sentence, by inserting ``and if it
is made after a specific dispute has arisen and the
dispute is identified in the waiver'' after ``to which
it applies''; and
(2) in the third sentence, by inserting ``and if it
is made after a specific dispute has arisen and the
dispute is identified in the waiver'' after ``period of
military service''.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to waivers made on or after the date
of the enactment of this Act.
SEC. 539C. CLARIFICATION OF PRIVATE RIGHT OF ACTION UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
Section 802(a) of the Servicemembers Civil Relief Act (50
U.S.C. 4042(a)) is amended--
(1) in the matter preceding paragraph (1), by
inserting ``, notwithstanding any previous agreement to
the contrary,'' after ``may''; and
(2) in paragraph (3), by striking ``, notwithstanding
any previous agreement to the contrary''.
----------
24. An Amendment To Be Offered by Representative Matsui of California
or Her Designee, Debatable for 10 Minutes
Page 163, after line 8, insert the following new subsections:
(d) Advanced Manufacturing Incentives.--
(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. Such work may include providing
incentives for the creation, expansion, or
modernization of one or more commercially competitive
and sustainable semiconductors 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 semiconductors 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) demonstrate management processes to
identify and mitigate supply chain security
risks; and
(C) be able to produce semiconductors
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
semiconductors 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
entities of concern.
(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
semiconductors 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.
(e) Report Under the Defense Production Act of 1950.--
(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 any use of
authorities available in title III of the Defense
Production Act of 1950 (50 U.S.C. 4531 et seq.) to
establish or enhance a domestic production capability
for microelectronic technologies and related
technologies, subject to--
(A) the availability of appropriations for
that purpose; and
(B) a determination made under the plan
pursuant to such title III that such
technologies are essential to the national
defense.
(2) Consultation.--The President shall develop the
plan required by paragraph (1) in consultation with any
relevant head of a Federal agency, any advisory
committee established under section 708(a) of the
Defense Production Act of 1950 (50 U.S.C. 4558), and
appropriate stakeholders in the private sector.
Add at the end of title XVII the following new subtitle:
Subtitle F--Semiconductor Manufacturing Incentives
SEC. 17_. 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'' 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).
(4) the term ``governmental entity'' means a State or
local government;
(5) the term ``Secretary'' means the Secretary of
Commerce; and
(6) 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 to incentivize investment of
semiconductor fabrication facilities, or assembly,
testing, advanced packaging, or advanced research and
development of semiconductors in the United States.
(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);
(II) determines that the
project to which the
application relates is in the
interest of the United States;
and
(III) has notified the
appropriate committees of
congress 15 days before making
any commitment to provide a
grant to any covered entity
that exceeds $10,000,000; 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.
(III) to the extent
practicable, the covered entity
is considered a small business
concern, as defined under
section 3 of the Small Business
Act (15 U.S.C. 632),
notwithstanding section 121.103
of title 13, Code of Federal
Regulations.
(3) Amount.--The Secretary shall not award more than
$3,000,000,000 to a covered entity under this
subsection.
(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.--
(A) The Secretary shall recover the full
amount with interest of a grant provided to a
covered entity under this subsection if--
(i) 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
(ii) 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 other foreign entity
of concern; and
(II) that relates to a
sensitive technology or
product, as determined by the
Secretary; and
(B) the Secretary shall recover up to the
full amount with interest of a grant provided
to a covered entity if the Secretary determines
that commitments required under paragraph (2)
have not been fully implemented, 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.
(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) Inspector General Reviews.--The Inspector General of the
Department of Commerce 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).
SEC. 17_. DEPARTMENT OF COMMERCE STUDY ON STATUS OF SEMICONDUCTORS
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 semiconductors.
(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.
(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
semiconductors by such entity:
(1) An identification of the geographic scope of
operations.
(2) Information on relevant cost structures.
(3) An identification of types of semiconductors
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 semiconductors manufactured
or designed by such entity, descriptions of the end-
uses of such semiconductors, and a description of any
technical support provided to end-users of such
semiconductors 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 regulatory or other informational
requests about the entities' operations, sales, or
other proprietary information by the Government of the
People's Republic of China, entities under its
direction or officials of the CCP, a description of the
nature of the 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 semiconductors, 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 semiconductors supply
chain and the national industrial supply base.
(2) Form.--The report required by paragraph (1) may
be submitted appropriate committees of Congress in
classified form.
SEC. 17_. FUNDING FOR DEVELOPMENT AND ADOPTION OF SECURE SEMICONDUCTOR
AND SECURE SEMICONDUCTOR SUPPLY CHAINS.
(a) Multilateral Semiconductor 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 Semiconductor Security
Fund'' (in this section referred to as the ``Fund''),
consisting of any appropriated funds credited to the
Fund.
(2) Purpose.--The purpose of the Fund shall be to
work with and support a variety of stakeholders,
including governments, businesses, academia, and civil
society, and allies or partner nations who are members
of the Fund and are critical to the global
semiconductor supply chain in order to build safe and
secure semiconductor supply chains outside of and
devoid of entities from countries subject to a United
States embargo. Considerations for building safe and
secure semiconductor supply chains include, but are not
limited to--
(A) relevant semiconductor designs;
(B) chemicals and materials relevant to the
semiconductor industry;
(C) semiconductor design tools;
(D) semiconductor manufacturing equipment;
and
(E) basic and applied semiconductor research
capability.
(3) Restriction of use of funds.--
(A) Availability contingent on international
agreement.--Amounts in the Fund shall be
available to the Secretary of State, subject to
appropriation, on and after the date on which
the Secretary enters into an agreement with at
least 5 other governments of countries that are
allies or partners of the United States that
are critical to the global semiconductor supply
chain to participate in the common funding
mechanism under subsection (b)(1) and the
commitments described in paragraph (2) of that
subsection.
(B) Limitation.--At no point during fiscal
years 2021 through 2030 shall a United States
contribution cause the cumulative total of
United States contributions to exceed 33
percent of the total contributions to the Fund
from all sources.
(C) Notification.--The Secretary of State
shall notify the appropriate congressional
committees not later than 15 days in advance of
making a contribution to the Fund, including--
(i) the amount of the proposed
contribution;
(ii) the total of funds contributed
by other donors; and
(iii) the national interests served
by United States participation in the
Fund.
(D) Withholdings.--
(i) Support for acts of international
terrorism.--If at any time the
Secretary of State determines that the
Fund has provided assistance to a
country, the government of which the
Secretary of State has determined, for
purposes of section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371)
has repeatedly provided support for
acts of international terrorism, the
United States shall immediately
withhold contributions to the Fund and
cease participating in Fund activities.
(ii) Support for embargoed
countries.--If at any time the
Secretary of State determines that the
Fund, or any investments made by the
fund, has supported the semiconductor
supply chain of or an entity with a
substantial nexus to the semiconductor
supply chain of a country under a
United State embargo, the United States
shall immediately withhold
contributions and no longer make any
contributions until it certifies that
non-market economies do not stand to
benefit from investments made from the
Fund.
(iii) Excessive salaries.--If at any
time during any of the fiscal years
2021 through 2025, the Secretary of
State determines that the salary of any
individual employed by the Fund exceeds
the salary of the Vice President of the
United States for that fiscal year,
then the United States should withhold
from its contribution for the next
fiscal year an amount equal to the
aggregate amount by which the salary of
each such individual exceeds the salary
of the Vice President of the United
States.
(4) Ensuring permanent member status.--If at any time
the Secretary of State certifies that the United States
does not have a permanent representative to the Board
of Trustees as established in paragraph (6), the
Secretary shall withhold contributions to the Fund
until the Secretary certifies that the United States is
given a permanent seat.
(5) Composition.--
(A) In general.--The Fund should be governed
by a Board of Trustees, to be composed of
representatives of participating allies and
partners that are donors or participants in the
Fund. The Board of Trustees should include--
(i) 5 permanent member countries, who
qualify based upon meeting an
established initial contribution
threshold, whose contributions should
cumulatively be not less than 50
percent of total contributions, and who
should hold veto power over programs
and projects; and
(ii) 5 term members, as appropriate,
who are selected by the permanent
members on the basis of their
commitment to building a free secure
semiconductor supply chain.
(B) Qualifications.--Individuals appointed to
the Board shall have demonstrated knowledge and
experience in the fields of semiconductors,
semiconductor manufacturing, and supply chain
management.
(C) United states representation.--
(i) In general.--
(I) Founding permanent
member.--The Secretary of State
shall seek to establish the
United States as a founding
permanent member of the Fund.
(II) Coordinator of united
states government activities to
advance semiconductor supply
chain security.--The Secretary
of State shall appoint an
individual qualified as
according to subparagraph (B)
of this subsection to represent
the United States on the Board
of Trustees.
(ii) Effective and termination
dates.--
(I) Effective date.--This
paragraph shall take effect
upon the date the Secretary of
State, in coordination with the
Secretary of the Treasury,
certifies and transmits to
Congress an agreement
establishing the Fund.
(II) Termination date.--The
membership established pursuant
to clause (i) shall terminate
upon the date of termination of
the Fund.
(D) Removal procedures.--The Fund shall
establish procedures for the removal of member
donors of the Board who do not abide by the
Fund's core objectives as defined in paragraph
(4) of this section.
(6) Availability of amounts.--
(A) In general.--Amounts in the Fund shall
remain available through the end of the 10th
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
Secure Semiconductor and Secure Semiconductor Supply Chains.--
(1) In general.--The Secretary of State, in
consultation with the Secretary of Commerce, Secretary
of Energy, 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 Members of
the Fund, that uses amounts from the Fund, and amounts
committed by such governments, to support those efforts
described in subsection (a).
(2) Mutual commitments.--The Secretary of State, in
consultation with the United States Trade
Representative, the Secretary of Treasury, and the
Secretary of Commerce, shall seek to negotiate a set of
mutual commitments with the governments of countries
that are Members of the Fund 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) develop common policies for the
protection of basic and applied research in
both academic and commercial settings;
(B) develop common reporting requirements for
researchers participating in talents programs
of countries subject to a United States arms
embargo;
(C) establish substantially similar if not
identical export controls licensing
requirements for all segments of the
semiconductor supply chain;
(D) establish substantially similar if not
identical policies for inbound investment from
entities with a substantial nexus to countries
subject to an embargo in all segments of the
semiconductor supply chain;
(E) establish harmonized treatment of
semiconductors and verification processes for
the importation of semiconductors or items
incorporating semiconductors from embargoed
countries;
(F) establish common policies on protecting
knowledge, know-how, and personnel from
migrating to embargoed countries or taking
employment with entities with a substantial
nexus to these countries;
(G) develop common policies, including
disclosure requirements and restrictions, on
outbound investments, including index funds,
into entities that support or contribute to the
development of the semiconductor industry in
countries subject to an embargo;
(H) establish transparency requirements for
any subsidies or other financial benefits
(including revenue foregone) provided to
semiconductor firms located in or outside such
countries;
(I) 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 (H);
(J) promote harmonized treatment of
semiconductor and verification processes for
items being exported to a country considered a
national security risk by a country
participating in the common funding mechanism;
(K) establish a consistent policies and
common external policies to address nonmarket
economies as the behavior of such countries
pertains to semiconductor; and
(L) align policies on supply chain integrity
and semiconductor security.
(3) 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),
the Secretary of State shall submit to Congress a
report on the status of the implementation of this
section that includes a description of--
(A) 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;
(B) the criteria established for expenditure
of funds through the common funding mechanism;
(C) how, and to whom, amounts have been
expended from the Fund;
(D) amounts remaining in the Fund;
(E) 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
(F) any additional authorities needed to
enhance the effectiveness of the Fund in
achieving the security goals of the United
States.
(4) Gao report on trust fund effectiveness.--Not
later than 2 years after the date that the Fund is
formally established, the Comptroller General of the
United States shall submit to the appropriate
congressional committees a report evaluating the
effectiveness of the Fund, including--
(A) the effectiveness of the programs,
projects, and activities supported by the Fund;
and
(B) an assessment of the merits of continued
United States participation in the Fund.
SEC. 17_. 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, the Committee on Health,
Education, Labor, and Pensions 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, the Committee on
Education and Labor 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
Secretary of Labor, 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
semiconductors 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 semiconductors 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 semiconductor 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 United States
can build and maintain a trusted and
predictable talent pipeline.
(f) Authorizations of Appropriations.--
(1) National semiconductor technology center.--
(A) In general.--There is authorized to be
appropriated to carry out subsection (e),
$914,000,000 for fiscal year 2021--
(i) of which, $300,000,000 shall be
available to carry out subsection
(e)(2)(A);
(ii) of which, $500,000,000 shall be
available to carry out subsection
(e)(2)(B);
(iii) of which, $50,000,000 shall be
available to carry out subsection
(e)(2)(C);
(iv) of which, $50,000,000 shall be
available to carry out subsection
(e)(2)(D)--
(I) of which, $2,000,000
shall be available for each of
fiscal year 2021 to carry out
subsection (e)(3)(A);
(II) of which, $2,000,000
shall be available for fiscal
years 2021 o carry out
subsection (e)(3)(B); and
(III) of which, $5,000,000
shall be available for fiscal
year 2021 to carry out
subsection (e)(4); and
(v) of which, $14,000,000 shall be
available to carry out subsection
(e)(2)(E).
(3) 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,
$300,000,000 for fiscal year 2021.
(5) Semiconductors research at the national institute
of standards and technology.--There is authorized to be
appropriated to carry out semiconductors research at
the National Institute of Standards and Technology
$50,000,000 for fiscal year 2021.
(g) Supplement, Not Supplant.--The amounts authorized to be
appropriated under paragraphs (1) through (4) of subsection (f)
shall supplement and not supplant amounts already appropriated
to carry out the purposes described in such paragraphs.
(h) 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
semiconductors research and development conducted as a result
of these funds and domestic control requirements to protect any
such intellectual property from foreign adversaries.
SEC. 17_. PROHIBITION RELATING TO FOREIGN ENTITIES OF CONCERN.
(a) Definition.--
(1) In this subtitle, the term ``foreign entity''
means--
(A) any person--
(i) controlled by, or is subject to
the jurisdiction or direction of a
foreign government;
(ii) who acts as an agent,
representative, is an employee of, or
acts in any other capacity at the
order, request, or under the direction
or control, of a foreign government;
(iii) whose activities are directly
or indirectly supervised, directed,
controlled, financed, or subsidized in
whole or in majority part by an
interest as described in subparagraph
(B) of this subsection;
(iv) who directly or indirectly
through any contract, arrangement,
understanding, relationship, or
otherwise, owns 25 percent or more of
the equity interests of an interest as
described in subparagraph (B) of this
subsection, or has significant
responsibility to control, manage, or
such an interest;
(v) who is a citizen or resident,
wherever located, of a nation-state
controlled by a foreign government; or
(B) Any organization, corporation,
partnership or association--
(i) organized under the laws of a
nation-state controlled by a foreign
government; or
(ii) wherever organized or doing
business, that is owned or controlled
by a foreign government.
(2) In this subtitle, the term ``foreign entity of
concern'' means any foreign entity (as defined by
paragraph (1) of this section)--
(A) designated as a foreign terrorist
organization by the Secretary of State under
section 1189 of title 8;
(B) included on the list of specially
designated nationals and blocked persons
maintained by the Office of Foreign Assets
Control of the Department of the Treasury; or
(C) alleged by the Attorney General to have
been involved in activities for which a
conviction was obtained under any of the
following statutes:
(i) Espionage Act (18 U.S.C. 792 et
seq.).
(ii) Section 951 or 1030 of title 18.
(iii) Economic Espionage Act (18
U.S.C. 1831 et seq.).
(iv) Arms Export Control Act (22
U.S.C. 2778).
(v) Section 2274, 2275, 2276, 2277,
2278, or 2284 of title 42.
(vi) Export Control Reform Act (50
U.S.C. 4801 et seq.); or
(vii) International Economic
Emergency Powers Act (50 U.S.C. 1701 et
seq.).
(b) Limitation.--None of the funds appropriated pursuant to
an authorization in this subtitle may be provided to a grantee
that is determined to be a foreign entity of concern (as
defined by this subtitle).
----------
25. An Amendment To Be Offered by Representative Lieu of California or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle G of title XII the following:
SEC. 12__. ESTABLISHMENT OF THE OFFICE OF SUBNATIONAL DIPLOMACY.
Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a) is amended by adding at the end the
following new subsection:
``(h) Office of Subnational Diplomacy.--
``(1) In general.--There shall be established within
the Department of State an Office of Subnational
Diplomacy (in this subsection referred to as the
`Office').
``(2) Head of office.--The head of the Office shall
be a full-time position filled by a senior Department
official. The head of the Office shall report directly
to the Under Secretary for Political Affairs.
``(3) Duties.--
``(A) Principal duty.--The principal duty of
the head of the Office shall be the overall
supervision (including policy oversight of
resources) of Federal support for subnational
engagements by State and municipal governments
with foreign governments. The head of the
Office shall be the principal adviser to the
Secretary of State on subnational engagements
and the principal official on such matters
within the senior management of the Department
of State.
``(B) Additional duties.--The additional
duties of the head of the Office shall include
the following:
``(i) Coordinating overall United
States policy and programs in support
of subnational engagements by State and
municipal governments with foreign
governments, including with respect to
the following:
``(I) Coordinating resources
across the Department of State
and throughout the Federal
Government in support of such
engagements.
``(II) Identifying policy,
program, and funding disputes
among relevant Federal agencies
regarding such coordination.
``(III) Identifying gaps in
Federal support for such
engagements and developing
corresponding policy or
programmatic changes to address
such gaps.
``(ii) Promoting United States
foreign policy goals through support
for subnational engagements and
aligning subnational priorities with
national foreign policy goals, as
appropriate.
``(iii) Maintaining a public database
of subnational engagements.
``(iv) Providing advisory support to
subnational engagements, including by
assisting State and municipal
governments to--
``(I) develop, implement,
and, as necessary, adjust
global engagement and public
diplomacy strategies; and
``(II) implement programs to
cooperate with foreign
governments on policy
priorities or managing shared
resources.
``(v) Facilitating linkages and
networks between State and municipal
governments and their foreign
counterparts.
``(vi) Overseeing the work of
Department of State detailees assigned
to State and municipal governments
pursuant to this subsection.
``(vii) Negotiating agreements and
memoranda of understanding with foreign
governments to support subnational
engagements and priorities.
``(viii) Promoting United States
trade and foreign exports on behalf of
United States businesses through
exchanges between the United States and
foreign state, municipal, and
provincial governments, and by
establishing a more enduring
relationship overall between
subnational governments.
``(ix) Coordinating subnational
engagements with the associations of
subnational elected leaders, including
the U.S. Conference of Mayors, National
Governors Association, National League
of Cities, National Association of
Counties, Council of State Governments,
National Conference of State
Legislators, and State International
Development Offices.
``(4) Detailees.--
``(A) In general.--The Secretary of State,
acting through the head of the Office, is
authorized to detail a member of the civil
service or Foreign Service to State and
municipal governments on a reimbursable or
nonreimbursable basis. Such details shall be
for a period not to exceed two years, and shall
be without interruption or loss of Foreign
Service status or privilege.
``(B) Responsibilities.--Detailees under
subparagraph (A) shall carry out the following:
``(i) Supporting the mission and
objectives of the Office.
``(ii) Coordinating activities
relating to State and municipal
government subnational engagements with
the Department of State, including the
Office, Department leadership, and
regional and functional bureaus of the
Department, as appropriate.
``(iii) Engaging the Department of
State and other Federal agencies
regarding security, public health,
trade promotion, and other programs
executed at the State or municipal
government level.
``(iv) Advising State and municipal
government officials regarding
questions of global affairs, foreign
policy, cooperative agreements, and
public diplomacy.
``(v) Any other duties requested by
State and municipal governments and
approved by the Office.
``(5) Report and briefing.--
``(A) Report.--Not later than one year after
the date of the enactment of this subsection,
the head of the Office shall submit to the
Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign
Relations of the Senate a report that includes
information relating to the following:
``(i) The staffing plan (including
permanent and temporary staff) for the
Office.
``(ii) The funding level provided to
the Office for the Office, together
with a justification relating to such
level.
``(iii) The status of filling the
position of head of the Office.
``(iv) The rank and title granted to
the head of the Office, together with a
justification relating to such decision
and an analysis of whether the rank and
title of Ambassador-at-Large is
required to fulfill the duties of the
Office.
``(v) A strategic plan for the
Office.
``(vi) Any other matters as
determined relevant by the head of the
Office.
``(B) Briefings.--Not later than 30 days
after the submission of the report required
under subparagraph (A) and annually thereafter,
the head of the Office shall brief the
Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign
Relations of the Senate on the work of the
Office and any changes made to the
organizational structure or funding of the
Office.
``(6) Rule of construction.--Nothing in this
subsection may be construed as precluding--
``(A) the Office from being elevated to a
bureau within the Department of State; or
``(B) the head of the Office from being
elevated to an Assistant Secretary, if such an
Assistant Secretary position does not increase
the number of Assistant Secretary positions at
the Department above the number authorized
under subsection (c)(1).
``(7) Definitions.--In this subsection:
``(A) Municipal.--The term `municipal' means,
with respect to the government of a
municipality in the United States, a
municipality with a population of not fewer
than 100,000 people.
``(B) State.--The term `State' means the 50
States, the District of Columbia, and any
territory or possession of the United States.
``(C) Subnational engagement.--The term
`subnational engagement' means formal meetings
or events between elected officials of State or
municipal governments and their foreign
counterparts.''.
----------
26. An Amendment To Be Offered by Representative Young of Alaska or His
Designee, Debatable for 10 Minutes
At the end of subtitle D of title V, insert the following:
SEC. 5__. REQUIREMENT OF CERTAIN CERTIFICATION BEFORE DEPORTATION OF A
SPOUSE OF A MEMBER OF THE ARMED FORCES.
(a) In General.--A spouse of a member of the Armed Forces may
not be removed from the United States until the Secretary
concerned certifies to the congressional defense committees
that--
(1) the Secretary concerned has determined that such
removal shall not negatively affect the morale,
welfare, or well-being of that member;
(2) the Secretary concerned has reviewed all
information, including extenuating circumstances,
relating to such removal; and
(3) the Secretary concerned has assisted the member
and spouse to the greatest extent practicable.
(b) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in
section 101 of title 10, United States Code.
----------
27. An Amendment To Be Offered by Representative Richmond of Louisiana
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XVI the following:
SEC. 16__. CRITICAL INFRASTRUCTURE CYBER INCIDENT REPORTING PROCEDURES.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary, acting through the
Director, and in consultation with Sector Risk Management
Agencies and other appropriate Federal departments, shall,
after notice and an opportunity for comment, establish
requirements and a process for covered critical infrastructure
entities to report a covered cybersecurity incident to the
national cybersecurity and communications integration center of
the Department of Homeland Security, in furtherance of its
mission with respect to cybersecurity risks as set forth in
section 2209.
(b) Procedures.--The cybersecurity incident reporting
requirements and process described in subsection (a) shall, at
a minimum, include--
(1) a definition of covered critical infrastructure
entities that are required to comply with the reporting
requirements of this section, based on threshold
criteria related to--
(A) the likelihood that such entity may be
targeted by a malicious cyber actor, including
a foreign country;
(B) consequences that disruption to or
compromise of such entity could cause to
national security, economic security, or public
health and safety; and
(C) maturity of security operations in
detecting, investigating, and mitigating a
cybersecurity incident;
(2) criteria for the types and thresholds for a
covered cybersecurity incident to be reported under
this section, including the sophistication or novelty
of the cyber attack, the type, volume, and sensitivity
of the data at issue, and the number of individuals
affected or potentially affected by a cybersecurity
incident, subject to the limitations described in
subsection (c); and
(3) procedures to comply with reporting requirements
pursuant to subsection (c).
(c) Cybersecurity Incident Reporting Requirements for Covered
Critical Infrastructure Entities.--
(1) In general.--A covered critical infrastructure
entity, as defined by the Director pursuant to
subsection (b),meets the requirements of this paragraph
if, upon becoming aware that a covered cybersecurity
incident, including an incident involving ransomware,
social engineering, malware, or unauthorized access,
has occurred involving any critical infrastructure
system or subsystem of the critical infrastructure, the
entity--
(A) promptly reports such incident to the
national cybersecurity and communications
integration center, consistent with such
requirements and process, as soon as
practicable (but in no case later than 72 hours
after the entity first becomes aware that the
incident occurred); and
(B) provides all appropriate updates to any
report submitted under subparagraph (A).
(2) Contents of report.--Each report submitted under
subparagraph (A) of paragraph (1) shall contain such
information as the Director prescribes in the reporting
procedures issued under subsection (a), including the
following information with respect to any cybersecurity
incident covered by the report:
(A) The date, time, and time zone when the
cybersecurity incident began, if known.
(B) The date, time, and time zone when the
cybersecurity incident was detected.
(C) The date, time, and duration of the
cybersecurity incident.
(D) The circumstances of the cybersecurity
incident, including the specific critical
infrastructure systems or subsystems believed
to have been accessed and information acquired,
if any, as well as any interdependent systems
that suffered damage, disruption, or were
otherwise impacted by the incident.
(E) Any planned and implemented technical
measures to respond to and recover from the
incident.
(F) In the case of any report which is an
update to a prior report, any additional
material information relating to the incident,
including technical data, as it becomes
available.
(d) Effect of Other Reporting.--A covered critical
infrastructure entity shall not be considered to have satisfied
the reporting requirements set forth in subsection (c)(1) by
reporting information required pursuant to subsection (c)(2)
related to a covered cybersecurity incident to any person,
agency or organization, including a law enforcement agency,
other than to the Director using the incident reporting
procedures establish by the national cybersecurity and
communications integration center using the incident reporting
procedures established by the Director pursuant to subsection
(a).
(e) Disclosure, Retention, And Use.--
(1) Authorized activities.--Covered cybersecurity
incidents and related reporting information provided to
the Director pursuant to this section may not be
disclosed to, retained by, or? used by, consistent with
otherwise applicable provisions of Federal law, any
Federal agency or department, or any component,
officer, employee, or agent of the Federal Government,
except if the Director determines such disclosure,
retention, or use is necessary for--
(A) the purpose of identifying--
(i) a cybersecurity threat as such
term is defined insection 102(5) of the
Cybersecurity Act of 2015 (contained in
division N of the Consolidated
Appropriations Act, 2016 (Public Law
114-113; 6 U.S.C. 1501)), including the
source of such cybersecurity threat; or
(ii) a security vulnerability;
(B) the purpose of responding to, or
otherwise preventing or mitigating, a specific
threat of death, serious bodily harm, or
serious economic harm, including a terrorist
act or a use of a weapon of mass destruction;
(C) the purpose of responding to,
investigating, prosecuting, or otherwise
preventing or mitigating, a serious threat to a
minor, including sexual exploitation and
threats to physical safety; or
(D) the purpose of preventing, investigating,
disrupting, or prosecuting an offense arising
out of a threat described in subparagraphs (B)-
(C) (3) or any of the offenses listed in--
(i) sections 1028 through 1030 of
title 18, United States Code (relating
to fraud and identity theft);
(ii) chapter 37 of such title
(relating to espionage and censorship);
and
(iii) chapter 90 of such title
(relating to protection of trade
secrets).
(2) Exception.--The Director may enter into an
agreement with a federally funded research and
development center or other research institution to
provide information in an anonymized manner for the
purpose of aggregating and analyzing cybersecurity
incident data and other reported information for the
limited purpose of better understanding the cyber
threat landscape, subject to appropriate protections
for information and removal of any unnecessary personal
or identifying information.
(3) Privacy and civil liberties.--Covered
cybersecurity incidents and related reporting
information provided to the Director pursuant to this
section shall be retained, used, and disseminated,
where permissible and appropriate, by the Federal
Government--
(A) in a manner that protects from
unauthorized use or disclosure any information
reported under this section that may contain--
(i) personal information of a
specific individual; or
(ii) information that identifies a
specific individual; and
(B) in a manner that protects the
confidentiality of information reported under
this section containing--
(i) personal information of a
specific individual; or
(ii) information that identifies a
specific individual.
(4) Federal regulatory authority.--Information
regarding a covered cybersecurity incident and related
reporting information provided to the Director pursuant
to this section may not be used by any Federal, State,
Tribal, or local government to regulate, including
through an enforcement action, the lawful activities of
any non-Federal entity.
(f) Limitation.--The Director may not set criteria or develop
procedures pursuant to this Act that require a covered critical
infrastructure entity, identified pursuant to subsection
(b)(1), to report on any cybersecurity incident unless such
incident--
(1) causes a loss in the confidentiality, integrity,
or availability of proprietary, sensitive, or personal
information;
(2) results in a disruption or otherwise inhibits the
ability of an entity to deliver services or conduct its
primary business activity; or
(3) was carried out by a foreign country, or where
there is reason to believe a foreign country was
involved in such incident.
(g) Definitions.--In this section:
(1) Covered critical infrastructure entity.--The term
``covered critical infrastructure entity'' is an entity
thatowns, operates, supports, or maintains critical
infrastructure which meets the definition set forth by
the Director pursuant to subsection (b)(1).
(2) Covered cybersecurity incident.--The term
``covered cybersecurity incident'' means a
cybersecurity incident experienced by a covered
critical infrastructure entity that meets the
definition and criteria set forth by the Director in
the procedures prescribed pursuant to subsection
(b)(2), subject to the limitations in subsection (f). )
that involve, at a minimum, an incident that--
(3) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in
section 2(4) of the Homeland Security Act of 2002
(Public Law 107-196; 6 U.S.C. 101(4)).
(4) Cybersecurity risk.--The term ``cybersecurity
risk'' has the meaning given that term in section 2209
of the Homeland Security Act of 2002 (6 U.S.C. 659).
(5) Department.--The term ``Department'' means the
Department of Homeland Security.
(6) Director.--The term ``Director'' means the
Director of the Cybersecurity and Infrastructure
Security Agency of the Department.
(7) National cybersecurity and communications
integration center.--The term ``national cybersecurity
and communications integration center'' or ``Center''
means the national cybersecurity and communications
integration center described in section 2209 of the
Homeland Security Act of 2002 (6 U.S.C. 659).
(8) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
(9) Sector specific agency.--The term ``Sector
Specific Agency'' has the meaning given that term in
section 2201(5) of the Homeland Security Act of 2002 (6
U.S.C. 651(5)).
----------
28. An Amendment To Be Offered by Representative Keating of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XII, add the following:
SEC. 12__. MODIFICATIONS TO IMMUNITY FROM SEIZURE UNDER JUDICIAL
PROCESS OF CULTURAL OBJECTS.
(a) In General.--The Act of October 19, 1965, entitled ``An
Act to render immune from seizure under judicial process
certain objects of cultural significance imported into the
United States for temporary display or exhibition, and for
other purposes'' (79 Stat. 985, 22 U.S.C. 2459) is amended--
(1) in the heading, by striking ``temporary
exhibition or display'' and inserting ``temporary
storage, conservation, scientific research, exhibition,
or display'';
(2) in subsection (a)--
(A) by striking ``the temporary exhibition or
display thereof'' each place it appears and
inserting ``temporary storage, conservation,
scientific research, exhibition, or display'';
and
(B) by striking ``cultural or educational''
each place it appears and inserting ``cultural,
educational, or religious''; and
(3) by adding at the end the following:
``(d) For purposes of this section, the terms `imported' and
`importation' include a transfer from a mission of a foreign
country located within the United States to a cultural,
educational, or religious institution located within the United
States.''.
(b) Afghanistan.--
(1) In general.--A work of art or other object of
cultural significance that is imported into the United
States for temporary storage, conservation, scientific
research, exhibition, or display shall be deemed to be
immune from seizure under such Act of October 19, 1965
(22 U.S.C. 2459) (as amended by subsection (a)), and
the provisions of such Act shall apply in the same
manner and to the same extent to such work or object,
if--
(A) the work or object is exported from
Afghanistan with an export permit or license
duly issued by the Government of Afghanistan;
and
(B)(i) an agreement is entered into between
the Government of Afghanistan and the cultural,
educational, or religious institution within
the United States that specifies the conditions
for such material to be returned to
Afghanistan; or
(ii) the work or object is transferred to a
cultural, educational, or religious institution
in the United States in accordance with an
agreement described in clause (i) that also
includes an authorization to transfer such work
or object to such an institution.
----------
29. An Amendment To Be Offered by Representative Takano of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, add the following new
section:
SEC. 5__. LIMITATION ON ELIGIBILITY OF FOR-PROFIT INSTITUTIONS TO
PARTICIPATE IN EDUCATIONAL ASSISTANCE PROGRAMS OF
THE DEPARTMENT OF DEFENSE.
(a) In General.--Section 2006a of title 10, United States
Code, is amended--
(1) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at
the end;
(B) in paragraph (4), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) in the case of program offered by a proprietary
institution of higher education, the institution
derives not less than ten percent of such institution's
revenues from sources other than Federal educational
assistance funds as required under subsection (c).''.
(2) by redesignating subsection (c) as subsection
(d);
(3) by inserting after subsection (b) the following
new subsection:
``(c) Limitation on Participation of Proprietary
Institutions.--The Secretary of Defense may not approve an
educational program offered by a proprietary institution of
higher education, and no educational assistance under a
Department of Defense educational assistance program or
authority covered by this section may be provided to such an
institution, unless the institution derives not less than ten
percent of such institution's revenues from sources other than
Federal educational assistance funds.'';
(4) in subsection (d), as so redesignated, by adding
at the end the following new paragraphs:
``(3) The term `Federal educational assistance funds'
means any Federal funds provided under this title, the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.),
or any other Federal law, through a grant, contract,
subsidy, loan, guarantee, insurance, or other means to
a proprietary institution of higher education,
including Federal financial assistance that is
disbursed or delivered to an institution or on behalf
of a student or to a student to be used to attend the
institution, except that such term shall not include
any monthly housing stipend provided under the Post-9/
11 Educational Assistance Program under chapter 33 of
title 38.
``(4) The term `proprietary institution of higher
education' has the meaning given that term in section
102(b) of the Higher Education Act of 1965 (20 U.S.C.
1002(b)).''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 180 days after the date of the enactment of
this Act.
----------
30. An Amendment To Be Offered by Representative Adams of North
Carolina or Her Designee, Debatable for 10 Minutes
Page 648, after line 11, insert the following new paragraph:
(7) shall establish and maintain a strategic plan for
diverse participation by institutions of higher
education (including historically black colleges and
universities and minority-serving institutions),
federally funded research and development centers, and
individuals in defense-related research, development,
testing, and evaluation activities;
Page 648, line 12, strike ``(7)'' and insert ``(8)''.
Page 648, line 15, strike ``(8)'' and insert ``(9)''.
Page 648, line 18, strike ``(9)'' and insert ``(10)''.
----------
31. An Amendment To Be Offered by Representative Aguilar of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title V, insert the following new
sections:
SEC. 5__. TEMPORARY EXPANSION OF AVAILABILITY OF ENHANCED CONSTRUCTIVE
SERVICE CREDIT IN A PARTICULAR CAREER FIELD UPON
ORIGINAL APPOINTMENT AS A COMMISSIONED OFFICER.
(a) Regular Officers.--Subparagraph (D) of section 533(b)(1)
of title 10, United States Code, is amended to read as follows:
``(D) Additional credit as follows:
``(i) For special training or experience in a
particular officer field as designated by the
Secretary concerned, if such training or
experience is directly related to the
operational needs of the armed force concerned.
``(ii) During fiscal years 2021 through 2025,
for advanced education in an officer field so
designated, if such education is directly
related to the operational needs of the armed
force concerned.''.
(b) Reserve Officers.--Section 12207(b)(1) of such title is
amended--
(1) in the matter preceding subparagraph (A), ``or a
designation in'' and all that follows through
``education or training,'' and inserting ``and who has
special training or experience, or advanced education
(if applicable),''; and
(2) by striking subparagraph (D) and inserting the
following new subparagraph:
``(D) Additional credit as follows:
``(i) For special training or experience in a
particular officer field as designated by the
Secretary concerned, if such training or
experience is directly related to the
operational needs of the armed force concerned.
``(ii) During fiscal years 2021 through 2025,
for advanced education in an officer field so
designated, if such education is directly
related to the operational needs of the armed
force concerned.''.
(c) Annual Report.--
(1) In general.--Not later than February 1, 2022, and
every four years thereafter, each Secretary of a
military department shall submit to the Committees on
Armed Services of the Senate and the House of
Representatives a report on the use of the authorities
in subparagraph (D) of section 553(b)(1) of title 10,
United States Code (as amended by subsection (a)), and
subparagraph (D) of section 12207(b)(1) of such title
(as amended by subsection (b)) (each referred to in
this subsection as a ``constructive credit authority'')
during the preceding fiscal year for the Armed Forces
under the jurisdiction of such Secretary.
(2) Elements.--Each report under paragraph (1) shall
include, for the fiscal year and Armed Forces covered
by such report, the following:
(A) The manner in which constructive service
credit was calculated under each constructive
credit authority.
(B) The number of officers credited
constructive service credit under each
constructive credit authority.
(C) A description and assessment of the
utility of the constructive credit authorities
in meeting the operational needs of the Armed
Force concerned.
(D) Such other matters in connection with the
constructive credit authorities as the
Secretary of the military department concerned
considers appropriate.
SEC. 5__. PERMANENT PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSITIONS.
Section 509 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 503 note) is
amended--
(1) by striking ``pilot'' each place it appears; and
(2) by striking subsections (d) and (e).
----------
32. An Amendment To Be Offered by Representative Aguilar of California
or His Designee, Debatable for 10 Minutes
Page 440, line 4, insert ``Each such report shall include an
accounting and detailing of every incident of white supremacist
activity documented in the Department of Defense.'' after the
period.
----------
33. An Amendment To Be Offered by Representative Aguilar of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title XVI, add the following new
section:
SEC. 16__. LIMITATION ON AVAILABILITY OF FUNDS RELATING TO REPORTS ON
MISSILE SYSTEMS AND ARMS CONTROL TREATIES.
(a) Limitation.--
(1) In general.--Beginning on October 1, 2020, if the
Secretary of Defense has not submitted the covered
reports, not more than 25 percent of the funds
specified in paragraph (2) may be obligated or expended
until the date on which the covered reports have been
submitted.
(2) Funds specified.--The funds specified in this
paragraph are the funds authorized to be appropriated
by the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 or otherwise
made available for fiscal year 2021 for the immediate
office of the Secretary of Defense.
(b) Covered Reports Defined.--In this section, the term
``covered reports'' means--
(1) the report under section 1698(b) of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1792); and
(2) the assessment under section 1236(b) of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1650).
----------
34. An Amendment To Be Offered by Representative Allred of Texas or His
Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. _. REPORT AND STRATEGY TO ADDRESS GROSS VIOLATIONS OF HUMAN RIGHTS
AND CIVILIAN HARM IN BURKINA FASO, MALI, AND NIGER.
(a) Report Required.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, and annually
thereafter for 3 years, the Secretary of Defense and
the Secretary of State shall jointly submit to the
appropriate congressional committees a report on gross
violations of human rights and civilian harm in Burkina
Faso, Mali, and Niger, as well as civilian harm that
may occur during United States-supported advise,
assist, and accompany operations in the Sahel region.
(2) Matters to be included.--The report required by
this subsection shall include the following:
(A) An identification of all state security
force units of Burkina Faso, Mali, and Niger
that participated in United States security
cooperation programs or benefitted from
security assistance since fiscal year 2017,
whether any of these units were subsequently
credibly implicated in gross violations of
human rights, including extrajudicial killings
and torture, and the approximate locations, to
the extent possible, of where such violations
have taken place.
(B) A description of gross violations of
human rights and civilian harm committed by
violent extremist organizations and other armed
groups operating in Burkina Faso, Mali, and
Niger, including deaths of state security
forces and destruction of civilian
infrastructure, including schools, medical
facilities, and churches.
(C) An assessment of the relationship between
state security forces and any non-state armed
groups active in Burkina Faso, Mali, and Niger,
including an analysis of the extent to which
any armed group that has been credibly
implicated in gross violations of human rights
or civilian casualties received material
support from the governments or militaries of
such countries.
(D) An assessment of efforts by the
Governments of Burkina Faso, Mali, and Niger to
prevent and decrease instances of gross
violations of human rights or civilian
casualties by state security forces during
counterterrorism operations and ensure
accountability for violations that have
occurred since fiscal year 2017 through
appropriate justice systems, including efforts
to investigate, prosecute, and sentence such
violations.
(E) An assessment of the impact that any
gross violations of human rights and other
civilian casualties perpetrated by state
security forces and non-state armed groups in
Burkina Faso, Mali, and Niger have had on the
effectiveness of regional and international
counterterrorism operations.
(F) An assessment of the effectiveness of any
United States human rights training provided to
the security forces of Burkina Faso, Mali, and
Niger to date.
(G) A description of any confirmed incidents
or reports of civilian harm that may have
occurred during United States military advise,
assist, or accompany operations.
(H) Any other matters that the Secretary of
Defense and the Secretary of State consider to
be relevant.
(b) Strategy Required.--
(1) In general.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Defense
and the Secretary of State shall jointly submit to the
appropriate congressional committees a United States
strategy to prevent civilian harm and address gross
violations of human rights by state security forces of
Burkina Faso, Mali, and Niger, and ensure
accountability for such violations.
(2) Matters to be included.--The strategy required by
this subsection shall include the following:
(A) A description of planned public and
private diplomatic engagement to support
efforts by the Governments of Burkina Faso,
Mali, and Niger to investigate and prosecute
any credible allegations of gross violations of
human rights by state security forces and non-
state armed groups.
(B) An identification of United States
foreign assistance and security cooperation
funds and other available United States policy
tools to support programs aimed at addressing
gross violations of human rights and civilian
harm, and an assessment of how they can be
strengthened to greater effect.
(C) An identification of United States
foreign assistance and security cooperation
funds available to support the state security
forces of Burkina Faso, Mali, and Niger to
combat violent extremist organizations, improve
civil-military relations, and strengthen
accountability through their military justice
systems, including support for building the
capacity of provost marshals.
(D) An identification of state security
forces of Burkina Faso, Mali, and Niger that
would most benefit from United States foreign
assistance and security cooperation funds
identified in subparagraph (C) and that are
eligible to receive such funds.
(E) A description of plans to coordinate
United States efforts with France, the European
Union, the United Nations Stabilization Mission
in Mali (MINUSMA), the African Union, and the
G5 Sahel Joint Force to decrease gross
violations of human rights and minimize
civilian harm during all counterterrorism
operations in the Sahel.
(F) Any other matters that the Secretary of
Defense and the Secretary of State consider to
be relevant.
(c) Form.--The report required by subsection (a) and the
strategy required by subsection (b) shall be submitted in
unclassified form, but may include a classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate.
(2) Civilian harm.--In this section, the term
``civilian harm'' means conflict-related death,
physical injury, loss of property or livelihood, or
interruption of access to essential services.
----------
35. An Amendment To Be Offered by Representative Axne of Iowa or Her
Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, insert the following:
SEC. 5__. PARTICIPATION OF MEMBERS OF THE RESERVE COMPONENTS OF THE
ARMED FORCES IN THE SKILLBRIDGE PROGRAM.
Section 1143(e)(2) of title 10, United States Code, is
amended to read as follows:
``(2) A member of the armed forces is eligible for a program
under this subsection if--
``(A) the member--
``(i) has completed at least 180 days on
active duty in the armed forces; and
``(ii) is expected to be discharged or
released from active duty in the armed forces
within 180 days of the date of commencement of
participation in such a program; or
``(B) the member is a member of a reserve
component.''.
----------
36. An Amendment To Be Offered by Representative Bacon of Nebraska or
His Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. _ ASSESSMENT OF EFFECTIVENESS OF UNITED STATES POLICIES RELATING
TO EXPORTS OF UNITED STATES-ORIGIN UNMANNED AERIAL
SYSTEMS THAT ARE ASSESSED TO BE ``CATEGORY I''
ITEMS UNDER THE MISSILE TECHNOLOGY CONTROL REGIME.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter through
December 31, 2025, the Secretary of State, in consultation with
the Secretary of Defense, shall conduct and submit to the
appropriate congressional committees an assessment of the
effectiveness of United States policies to--
(1) export United States-origin Unmanned Aerial
Systems (UAS) that are assessed to be ``Category I''
items under the Missile Technology Control Regime
(MTCR) (in this section referred to as ``covered
items''); and
(2) support United States allies and partners'
security, counter-terrorism capabilities, persistent
intelligence, surveillance, and reconnaissance (ISR)
capabilities, and persistent maritime domain awareness
and strengthen bilateral relationships through exports
of covered items.
(b) Matters to Be Included.--The assessment required by
subsection (a) shall include the following:
(1) A description of steps taken to enhance United
States competitiveness in the global UAS market,
including markets in which covered items have been
exported to foreign countries that previously received
UAS that are assessed to be ``Category I'' items under
the MTCR from third countries.
(2) A description of how the Department of State and
other relevant Federal agencies evaluate United States
allies and partners' access to covered items.
(3) A description of progress to prevent state and
non-state actors from gaining covered items'
capabilities that would undermine the safety and
security of United States allies and partners.
(4) An identification of the total number of licenses
requested, approved, returned without action, or denied
for the export of covered items and the typical amount
of time needed to process such requests beginning on
the date on which the license was received by the
Department of State.
[(5) A summary of results of end use checks conducted
during the assessment period by the Department of State
and the Department of Defense with respect to covered
items transferred under the Arms Export Control Act (22
U.S.C. 2751 et. seq.) and any pending or concluded
investigations into end-use violations of covered items
pursuant to section 3 of the Arms Export Control Act
(22 U.S.C. 2753).]
(c) Periods Covered by Assessments.--The first assessment
required by subsection (a) shall cover the 3-year period ending
on the date of the enactment of this Act. Each subsequent
assessment required by subsection (a) shall cover the one-year
period beginning on the day after the end of the period covered
in the preceding assessment.
(d) Form.--The assessment required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate.
----------
37. An Amendment To Be Offered by Representative Barr of Kentucky or
His Designee, Debatable for 10 Minutes
At the end of title VII, add the following new section:
SEC. 7__. PILOT PROGRAM ON SLEEP APNEA AMONG NEW RECRUITS.
(a) Pilot Program.--The Secretary of Defense, acting through
the Defense Health Agency, shall carry out a pilot program to
determine the prevalence of sleep apnea among members of the
Armed Forces assigned to initial training.
(b) Participation.--
(1) Members.--The Secretary shall ensure that the
number of members who participate in the pilot program
under subsection (a) is sufficient to collect
statistically significant data for each military
department.
(2) Special rule.--The Secretary may not disqualify a
member from service in the Armed Forces by reason of
the member being diagnosed with sleep apnea pursuant to
the pilot program under subsection (a).
(c) Process.--The Secretary shall carry out the pilot program
by testing members for sleep apnea using non-invasive methods
over the course of two consecutive nights that allow for six to
eight hours of sleep.
----------
38. An Amendment To Be Offered by Representative Bera of California or
His Designee, Debatable for 10 Minutes
At the end of title XIII, add the following new section:
SEC. 13__. SENSE OF CONGRESS REGARDING BIOLOGICAL THREAT REDUCTION AND
COOPERATIVE BIOLOGICAL ENGAGEMENT OF THE
COOPERATIVE THREAT REDUCTION PROGRAM.
It is the sense of Congress that--
(1) keeping Americans safe means ensuring that global
health security is prioritized as a national security
issue;
(2) as highlighted by the 2017 National Security
Strategy of the United States, biological threats,
whether ``deliberate attack, accident, or a natural
outbreak'', are growing threats and ``require actions
to address them at their source'' through programs
carried out by cooperative engagement, such as working
``with partners to ensure that laboratories that handle
dangerous pathogens have in place safety and security
measures'';
(3) the 2017 National Security Strategy of the United
States appropriately affirms the importance of
supporting advancements in biomedical innovation while
mitigating harm caused by advanced bioweapons and
capabilities;
(4) the intrinsically linked nature of biological
threats, whether naturally occurring, accidental, or
deliberate, underscores the relationship between the
Global Health Security Strategy of the United States
and the National Biodefense Strategy, and the national
security tools used to prevent and mitigate these
threats must be similarly connected;
(5) biological threats are a critical emerging threat
against the United States and addressing these threats
through cooperative programs is an opportunity to
achieve long-standing nonproliferation goals;
(6) cooperative programs to address biological
threats through improved global capacity in the areas
of biosafety, biosecurity, bio-surveillance, research
oversight, and related legislative and regulatory
frameworks have become even more important as the world
faces increasing availability of and advancements in
biotechnology, which has broad dual-use and
proliferation implications;
(7) under the Cooperative Threat Reduction Program of
the Department of Defense established under the
Department of Defense Cooperative Threat Reduction Act
(50 U.S.C. 3701 et seq.), Congress authorized the
Secretary of Defense to address such threats through
activities to prevent, detect, and report on highly
pathogenic diseases or other diseases, ``regardless of
whether such diseases are caused by biological
weapons'';
(8) in 2014, President Obama declared the Ebola virus
disease epidemic a national security priority and
exercised the authority under such Program to build
capacity that mitigated the imminent threat posed by
the Ebola virus disease and established capabilities
required to prevent future outbreaks;
(9) many of the prevention, detection, and response
capacities built in response to the Ebola virus disease
epidemic are also those used to prevent, detect, and
respond to the use of biological weapons abroad;
(10) continuing to use cooperative engagement
programs is in the national security interests of the
United States because of the important relationships
established between the United States and partner
countries, which are based on ideals such as
transparency, information sharing, and a shared
responsibility in advancing global security;
(11) the recent coronavirus disease 2019 (COVID-19)
global pandemic has illustrated the dire consequences
resulting from a single disease that knows no
boundaries, impacting the United States economy and the
health of United States citizens and members of the
Armed Forces, both domestically and abroad;
(12) in light of the impacts caused by COVID-19, and
following two congressionally mandated reports that
call for better implementation of the biological
cooperative engagement programs of the United States
and the National Biodefense Strategy (the report
published by the Government Accountability Office on
March 11, 2020, titled ``National Biodefense Strategy:
Opportunities and Challenges with Early
Implementation'' and the report published by the
National Academies of Sciences, Engineering, and
Medicine on April 14, 2020, titled ``A Strategic Vision
for Biological Threat Reduction: The U.S. Department of
Defense and Beyond''), it is of utmost importance that
such programs are given due and increased
prioritization for national security purposes; and
(13) the Secretary of Defense and the Secretary of
State should make every effort to prioritize and
advance the determination, concurrence, and
notification processes under the Department of Defense
Cooperative Threat Reduction Act (50 U.S.C. 3701 et
seq.) to provide for necessary new country
determinations in a timely manner and be responsive to
emerging biological threats.
----------
39. An Amendment To Be Offered by Representative Bera of California or
His Designee, Debatable for 10 Minutes
At the end of subtitle J of title V add the following:
SEC. __. STUDY ON FINANCIAL IMPACTS OF COVID-19 ON MEMBERS OF THE ARMED
FORCES AND BEST PRACTICES TO PREVENT FUTURE
FINANCIAL HARDSHIPS.
(a) Study.--The Secretary of Defense shall conduct a study on
the financial hardships experienced by members of the Armed
Forces (including the reserve components) as a result of the
COVID-19 pandemic.
(b) Elements.--The study shall--
(1) examine the financial hardships members of the
Armed Forces experience as a result of the COVID-19
pandemic, including the effects of stop movement
orders, loss of spousal income, loss of hazardous duty
incentive pay, school closures, loss of childcare, loss
of educational benefits, loss of drill and exercise
pay, cancelled deployments, and any additional
financial stressors identified by the Secretary;
(2) recommend best practices to provide assistance
for members of the Armed Forces experiencing the
financial hardships listed in paragraph (1); and
(3) identify actions that can be taken by the
Secretary to prevent financial hardships listed in
paragraph (1) from occurring in the future.
(c) Consultation and Coordination.--For the purposes of the
study, the Secretary shall--
(1) consult with the Director of the Consumer
Financial Protection Bureau; and
(2) with respect to members of the Coast Guard,
coordinate with the Secretary of Homeland Security.
(d) Submission.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report on the study
under subsection (a).
(e) Definitions.--In this section--
(1) the term ``financial hardship'' means a loss of
income or an unforeseen expense as a result of closures
and changes in operations in response to the COVID-19
pandemic; and
(2) the term ``appropriate congressional committees''
means the Committees on Armed Services of the Senate
and House of Representatives.
----------
40. An Amendment To Be Offered by Representative Bera of California or
His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII, add the following new
section:
SEC. ___. ANTIMICROBIAL STEWARDSHIP STAFFING AT MEDICAL TREATMENT
FACILITIES OF THE DEPARTMENT OF DEFENSE.
(a) Development of Recommendations.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense, in consultation with the Centers for Disease Control
and Prevention and relevant medical societies, shall develop
for its military medical treatment facilities--
(1) stewardship staffing recommendations, based upon
facility size and patient populations; and
(2) diagnostics stewardship recommendations to
improve antimicrobial stewardship programs.
(b) Implementation Plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the Committees on Armed Services of the House of
Representatives and the Senate a plan for carrying out the
recommendations developed under subsection (a) and identify
barriers to implementing such recommendations.
----------
41. An Amendment To Be Offered by Representative Bera of California or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title III add the following:
SEC. __. BIOLOGICAL THREATS REPORT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report on efforts to
prevent, detect, and respond to biological threats, including
through cooperation with bilateral and multilateral partners.
(b) Elements.--The report shall include the following:
(1) A description of actions taken by the Department
of Defense to improve proliferation prevention
regarding, detection of, and response to biological
threats of natural, accidental, or deliberate origin,
including the following:
(A) Department of Defense policy guidance to
address the threat of naturally and
accidentally occurring diseases in addition to
potential deliberate biological events.
(B) Organizational chart describing those
responsible in each Department for coordinating
these activities, in accordance with the report
required by section 745 of the National Defense
Authorization Act for Fiscal Year 2020 (Public
Law 116-92).
(C) A description of efforts to integrate
Department of Defense infectious disease
research, cooperative threat reduction
programs, and other activities designed to
protect Department of Defense personnel against
infectious disease threats.
(2) Programs and policies to address the threat of
accidental or deliberate misuse of emerging biological
technologies, including synthetic biology, including
Cooperative Threat Reduction, efforts to cooperate with
other partners to establish international norms and
standards, consideration of new technologies in the
Biological Threat Reduction Program, and efforts to
develop countermeasures.
----------
42. An Amendment To Be Offered by Representative Beyer of Virginia or
His Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, add the following:
SEC. __. MITIGATION OF HELICOPTER NOISE.
(a) In General.--The Secretary of Defense shall take the
following actions to mitigate helicopter noise and to receive,
track, and analyze complaints on an ongoing basis from
individuals in the National Capital Region:
(1) Develop a noise inquiry website, to assist in
directing mitigation efforts toward concentrated areas
of inquiry, that is based off of the websites of the
Ronald Reagan Washington National Airport and the
Dulles International Airport. Such website shall--
(A) provide a form to collect inquiry
information;
(B) geo-tag the location of the inquiry to an
exportable map;
(C) export information to an Excel
spreadsheet; and
(D) send an email response to the individual
making the inquiry.
(2) Establish a helicopter noise abatement working
group led by the Department of Defense to collect,
correlate, and identify trends associated with
helicopter noise within the National Capital Region,
with officials of the Department of Defense and the
Federal Aviation Administration in attendance. The
working group shall recommend procedural changes to
mitigate the impact of helicopter noise on the
community only to the extent consistent with aviation
safety and airspace efficiency and while sustaining
aircrew readiness, training, and mission support.
(b) Definition of National Capital Region.--In this section,
the term ``National Capital Region'' has the meaning given the
term in section 2574 of title 10, United States Code.
----------
43. An Amendment To Be Offered by Representative Beyer of Virginia or
His Designee, Debatable for 10 Minutes
At the end of subtitle E of title II, add the following new
section:
SEC. 2__. FUNDING FOR FORCE PROTECTION APPLIED RESEARCH.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding table
in section 4201, for research, development, test, and
evaluation, Navy, applied research, force protection applied
research, line 005 (PE 0602123N) is hereby increased by
$9,000,000 (to be used in support of the Direct Air Capture and
Blue Carbon Removal Technology Program authorized under section
223 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 10 U.S.C. 2358 note)).
(b) Offsets.--
(1) Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to
be appropriated in section 301 for operation and
maintenance, as specified in the corresponding funding
table in section 4301, for operation and maintenance,
Air Force, admin & servicewide activities, servicewide
communications, line 410 is hereby reduced by
$4,000,000.
(2) Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to
be appropriated in section 301 for operation and
maintenance, as specified in the corresponding funding
table in section 4301, for operation and maintenance,
Army, admin & servicewide activities, servicewide
communications, line 440 is hereby reduced by
$5,000,000.
----------
44. An Amendment To Be Offered by Representative Biggs of Arizona or
His Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. 12__. SENSE OF CONGRESS ON THE UNITED STATES ISRAEL RELATIONSHIP.
It is the sense of Congress that--
(1) since 1948, Israel has been one of the strongest
friends and allies of the United States;
(2) Israel is a stable, democratic country in a
region often marred by turmoil;
(3) it is essential to the strategic interest of the
United States to continue to offer full security
assistance and related support to Israel; and
(4) such assistance and support is especially vital
as Israel confronts a number of potential challenges at
the present time, including continuing threats from
Iran.
----------
45. An Amendment To Be Offered by Representative Bilirakis of Florida
or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII, add the following new
section:
SEC. 7__. REPORT ON CHIROPRACTIC CARE FOR DEPENDENTS AND RETIREES UNDER
THE TRICARE PROGRAM.
Not later than one year after the date of the enactment of
this Act, the Director of the Defense Health Agency shall
submit to the congressional defense committees a report on the
feasibility, efficacy, and cost of expanding coverage for
chiropractic care to covered beneficiaries under the TRICARE
program (as those terms are defined in section 1072 of title
10, United States Code).
----------
46. An Amendment To Be Offered by Representative Bilirakis of Florida
or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following new
section:
SEC. 12__. FEASIBILITY STUDY ON INCREASED ROTATIONAL DEPLOYMENTS TO
GREECE AND ENHANCEMENT OF UNITED STATES-GREECE
DIPLOMATIC ENGAGEMENT.
(a) Feasibility Study.--
(1) 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.
(2) Element.--The study required by paragraph (1)
shall include an evaluation of any infrastructure
investment necessary to support such increased
rotational deployments.
(3) Report to congress.--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 results of the study
required by paragraph (1).
(b) Diplomatic Engagement.--The Secretary of State is
encouraged to pursue persistent United States diplomatic
engagement with respect to the Greece-Cyprus-Israel and Greece-
Cyprus-Egypt trilateral agreements beyond the occasional
participation of United States diplomats in the regular summits
of the countries party to such agreements.
----------
47. An Amendment To Be Offered by Representative Blunt Rochester of
Delaware or Her Designee, Debatable for 10 Minutes
At the end of subtitle J of title V, add the following:
SEC. __. SENSE OF CONGRESS HONORING THE DOVER AIR FORCE BASE, DELAWARE,
HOME TO THE 436TH AIRLIFT WING, THE 512TH AIRLIFT
WING, AND THE CHARLES C. CARSON CENTER FOR MORTUARY
AFFAIRS.
(a) Findings.--Congress find the following:
(1) The Dover Air Force Base is home more than 4,000
active-duty military and civilian employees tasked with
defending the United States of America.
(2) The Dover Air Force Base supports the mission of
the th Airlift Wing, known as ``Eagle Wing'' and the
512th Airlift Wing, known as Liberty Wing.
(3) The ``Eagle Wing'' serves as a unit of the
Eighteenth Air Force headquartered with the Air
Mobility Command at Scott Air Force Base in Illinois.
(4) The ``Eagle Wing'' flies hundreds of missions
throughout the world and provides a quarter of the
United States' strategic airlift capability and boasts
a global reach to over 100 countries around the world.
(5) The Dover Air Force Base houses incredible
aircrafts utilized by the United States Air Force,
including the C-5M Super Galaxy and C-17A Globemaster
III aircraft.
(6) The Dover Air Force Base operates the largest and
busiest air freight terminal in the Department of
Defense, fulfilling an important role in our Nation's
military.
(7) The Air Mobility Command Museum is located on the
Dover Air Force base and welcomes thousands of visitors
each year to learn more about the United States Air
Force.
(8) The Charles C. Carson Center for Mortuary Affairs
fulfills our Nation's sacred commitment of ensuring
dignity, honor and respect to the fallen and care
service and support to their families.
(9) The mortuary mission at Dover Air Force Base
dates back to 1955 and is the only Department of
Defense mortuary in the continental United States.
(10) Service members who serve at the Center for
Mortuary Affairs are often so moved by their work that
they voluntarily elect to serve multiple tours because
they feel called to serve our fallen heroes.
(b) Sense of Congress.--Congress--
(1) honors and expresses sincerest gratitude to the
women and men of the Dover Air Force Base for their
distinguished service;
(2) acknowledges the incredible sacrifice and service
of the families of active duty members of the United
States military;
(3) encourages the people of the United States to
keep in their thoughts and their prayers the women and
men of the United States Armed Forces; and
(4) recognizes the incredibly unique and important
work of the Air Force Mortuary Affairs Operations and
the role they play in honoring our fallen heroes.
----------
48. An Amendment To Be Offered by Representative Blunt Rochester of
Delaware or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title II, add the following new
section:
SEC. 2__. FUNDING FOR HYPERSONICS PROTOTYPING.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding table
in section 4201, for research, development, test, and
evaluation, Air Force, advanced component development &
prototypes, line 048, hypersonics prototyping (PE 0604033F) is
hereby increased by $5,000,000 (to be used in support of the
Air-launched Rapid Response Weapon Program).
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for operation and maintenance, Space Force, operating forces,
contractor logistics & system support, line 080 is hereby
reduced by $5,000,000.
----------
49. An Amendment To Be Offered by Representative Blunt Rochester of
Delaware or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title II, add the following new
section:
SEC. 2__. FUNDING FOR UNIDIRECTIONAL BODY ARMOR.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding table
in section 4201, for research, development, test, and
evaluation, Army, advanced component development & prototypes,
line 093, soldier systems--advanced development (PE 0603827A)
is hereby increased by $7,000,000 (to be used for the
development of lightweight body armor fabrics).
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding table
in section 4201, for research, development, test, and
evaluation, Army, advanced component development & prototypes,
line 102, technology maturation initiatives (PE 0604115A) is
hereby reduced by $7,000,000.
----------
50. An Amendment To Be Offered by Representative Boyle of Pennsylvania
or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title XII, add the following:
SEC. _. SENSE OF CONGRESS ON SUPPORT FOR UKRAINE.
It is the sense of Congress that the United States should--
(1) reaffirm support for an enduring strategic
partnership between the United States and Ukraine;
(2) support Ukraine's sovereignty and territorial
integrity within its internationally-recognized borders
and make clear it does not recognize the independence
of Crimea or Eastern Ukraine currently occupied by
Russia;
(3) continue support for multi-domain security
assistance for Ukraine in the form of lethal and non-
lethal measures to build resiliency, bolster deterrence
against Russia, and promote stability in the region
by--
(A) strengthening defensive capabilities and
promoting readiness; and
(B) improving interoperability with NATO
forces; and
(4) further enhance security cooperation and
engagement with Ukraine and other Black Sea regional
partners.
----------
51. An Amendment To Be Offered by Representative Boyle of Pennsylvania
or His Designee, Debatable for 10 Minutes
Page 803, after line 15, insert the following:
SEC. 12__. SENSE OF CONGRESS REAFFIRMING THE COMMITMENT OF THE UNITED
STATES TO NATO.
(a) Findings.--Congress finds the following:
(1) On April 4, 1949, the North Atlantic Treaty
Organization (NATO) was founded on the principles of
democracy, individual liberty, and the rule of law with
the aim of promoting collective security through
collective defense.
(2) NATO has been the most successful military
alliance in history and, for over seven decades, an
example of successful political cooperation.
(3) NATO's commitment to collective defense is
essential to deter security threat against its members.
(4) NATO strengthens the security of the United
States by enabling United States forces to work by,
with, and through a network of committed, interoperable
allies.
(5) NATO solidarity sends a clear collective message
to Russia that members of the alliance will not
tolerate aggressive acts that threaten their security
and sovereignty.
(6) In response to changing national security
threats, NATO continues to adapt to take on new
dynamics such as terrorism, hybrid warfare, the spread
of weapons of mass destruction, and cyber attacks.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States reaffirms its commitment to the
North Atlantic Treaty Organization as the foundation of
transatlantic security and defense , including Article
V of the North Atlantic Treaty; and
(2) NATO plays a critical role in preserving peace
and stability in the transatlantic region.
----------
52. An Amendment To Be Offered by Representative Brindisi of New York
or His Designee, Debatable for 10 Minutes
Add at the end of division C the following:
TITLE XXXVI--FARM AND RANCH MENTAL HEALTH
SEC. 3601. PUBLIC SERVICE ANNOUNCEMENT CAMPAIGN TO ADDRESS FARM AND
RANCH MENTAL HEALTH.
(a) In General.--The Secretary of Agriculture, in
consultation with the Secretary of Health and Human Services,
shall carry out a public service announcement campaign to
address the mental health of farmers and ranchers.
(b) Requirements.--The public service announcement campaign
under subsection (a) shall include television, radio, print,
outdoor, and digital public service announcements.
(c) Contractor.--
(1) In general.--The Secretary of Agriculture may
enter into a contract or other agreement with a third
party to carry out the public service announcement
campaign under subsection (a).
(2) Requirement.--In awarding a contract under
paragraph (1), the Secretary shall use a competitive
bidding process.
(d) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary of Agriculture to carry out
this section $3,000,000, to remain available until expended.
SEC. 3602. EMPLOYEE TRAINING PROGRAM TO MANAGE FARMER AND RANCHER
STRESS.
(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary of Agriculture shall
expand the pilot program carried out by the Secretary in fiscal
year 2019 that trained employees of the Farm Service Agency in
the management of stress experienced by farmers and ranchers,
to train employees of the Farm Service Agency, the Risk
Management Agency, and the Natural Resources Conservation
Service in the management of stress experienced by farmers and
ranchers, including the detection of stress and suicide
prevention.
(b) Report.--Not less frequently than once every 2 years, the
Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report describing the
implementation of this section.
SEC. 3603. TASK FORCE FOR ASSESSMENT OF CAUSES OF MENTAL STRESS AND
BEST PRACTICES FOR RESPONSE.
(a) In General.--The Secretary of Agriculture shall convene a
task force of agricultural and rural stakeholders at the
national, State, and local levels--
(1) to assess the causes of mental stress in farmers
and ranchers; and
(2) to identify best practices for responding to that
mental stress.
(b) Submission of Report.--Not later than 1 year after the
date of enactment of this Act, the task force convened under
subsection (a) shall submit to the Secretary of Agriculture a
report containing the assessment and best practices under
paragraphs (1) and (2), respectively, of subsection (a).
(c) Collaboration.--In carrying out this section, the task
force convened under subsection (a) shall collaborate with
nongovernmental organizations and State and local agencies.
----------
53. An Amendment To Be Offered by Representative Brown of Maryland or
His Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, insert the following:
SEC. 17__. DEPARTMENT OF DEFENSE SUPPORT FOR CERTAIN SPORTING EVENTS.
Section 2564 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``the
Paralympics,'' after ``the Olympics,''; and
(2) in subsection (c)--
(A) in the subsection heading, by striking
``Inapplicability to'' and inserting ``Support
of'';
(B) by striking ``Subsections (a) and (b) do
not apply to'' and inserting ``The Secretary of
Defense may authorize technical, contracting,
and specialized equipment support to'';
(C) in paragraph (4), by inserting ``and
Paralympic'' after ``Olympic''; and
(D) in paragraph (5)(A)(iii), by inserting
``and Paralympic'' after ``Olympic''.
----------
54. An Amendment To Be Offered by Representative Brownley of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle J of title V, add the following:
SEC. 5__. GAO STUDY OF WOMEN INVOLUNTARILY SEPARATED OR DISCHARGED DUE
TO PREGNANCY OR PARENTHOOD.
(a) Study Required.--Not later than September 30, 2021, the
Comptroller General of the United States shall conduct a study
regarding women involuntarily separated or discharged from the
Armed Forces due to pregnancy or parenthood during the period
of 1951 through 1976. The study shall identify--
(1) the number of such women, disaggregated by--
(A) Armed Force;
(B) grade;
(C) race; and
(D) ethnicity;
(2) the characters of such discharges or separations;
(3) discrepancies in uniformity of such discharges or
separations;
(4) how such discharges or separations affected
access of such women to health care and benefits
through the Department of Veterans Affairs; and
(5) recommendations for improving access of such
women to resources through the Department of Veterans
Affairs.
(b) Report.--Not later than 30 days after completing the
study under subsection (a), the Comptroller General shall
submit to Congress a report containing the results of that
study.
----------
55. An Amendment To Be Offered by Representative Brownley of California
or Her Designee, Debatable for 10 Minutes
At the end of title XVII, insert the following new subtitle:
Subtitle F--Biliteracy Education Seal and Teaching Act
SEC. 1771. SHORT TITLE.
This subtitle may be cited as the ``Biliteracy Education Seal
and Teaching Act'' or the ``BEST Act''.
SEC. 1772. FINDINGS.
Congress finds the following:
(1) The people of the United States celebrate
cultural and linguistic diversity and seek to prepare
students with skills to succeed in the 21st century.
(2) It is fitting to commend the dedication of
students who have achieved proficiency in multiple
languages and to encourage their peers to follow in
their footsteps.
(3) The congressionally requested Commission on
Language Learning, in its 2017 report ``America's
Languages: Investing in Language Education for the 21st
Century'', notes the pressing national need for more
people of the United States who are proficient in two
or more languages for national security, economic
growth, and the fulfillment of the potential of all
people of the United States.
(4) The Commission on Language Learning also notes
the extensive cognitive, educational, and employment
benefits deriving from biliteracy.
(5) Biliteracy in general correlates with higher
graduation rates, higher grade point averages, higher
rates of matriculation into higher education, and
higher earnings for all students, regardless of
background.
(6) The study of America's languages in elementary
and secondary schools should be encouraged because it
contributes to a student's cognitive development and to
the national economy and security.
(7) Recognition of student achievement in language
proficiency will enable institutions of higher
education and employers to readily recognize and
acknowledge the valuable expertise of bilingual
students in academia and the workplace.
(8) States such as Utah, Arizona, Washington, and New
Mexico have developed innovative testing methods for
languages, including Native American languages, where
no formal proficiency test currently exists.
(9) The use of proficiency in a government-recognized
official Native American language as the base language
for a Seal of Biliteracy, with proficiency in any
additional partner language demonstrated through tested
proficiency, has been successfully demonstrated in
Hawaii.
(10) Students in every State and every school should
be able to benefit from a Seal of Biliteracy program.
SEC. 1773. DEFINITIONS.
In this subtitle:
(1) ESEA definitions.--The terms ``English learner'',
``secondary school'', and ``State'' have the meanings
given those terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) Native american languages.--The term ``Native
American languages'' has the meaning given the term in
section 103 of the Native American Languages Act (25
U.S.C. 2902).
(3) Seal of biliteracy program.--The term ``Seal of
Biliteracy program'' means any program described in
section 1774(a) that is established or improved, and
carried out, with funds received under this subtitle.
(4) Second language.--The term ``second language''
means any language other than English (or a Native
American language, pursuant to section 1774(a)(2)),
including Braille, American Sign Language, or a
Classical language.
(5) Secretary.--The term ``Secretary'' means the
Secretary of Education.
SEC. 1774. GRANTS FOR STATE SEAL OF BILITERACY PROGRAMS.
(a) Establishment of Program.--
(1) In general.--From amounts made available under
subsection (f), the Secretary shall award grants, on a
competitive basis, to States to enable the States to
establish or improve, and carry out, Seal of Biliteracy
programs to recognize student proficiency in speaking,
reading, and writing in both English and a second
language.
(2) Inclusion of native american languages.--
Notwithstanding paragraph (1), each Seal of Biliteracy
program shall contain provisions allowing the use of
Native American languages, including allowing speakers
of any Native American language recognized as official
by any American government, including any Tribal
government, to use equivalent proficiency in speaking,
reading, and writing in the Native American language in
lieu of proficiency in speaking, reading, and writing
in English.
(3) Duration.--A grant awarded under this section
shall be for a period of 2 years, and may be renewed at
the discretion of the Secretary.
(4) Renewal.--At the end of a grant term, a State
that receives a grant under this section may reapply
for a grant under this section.
(5) Limitations.--A State shall not receive more than
1 grant under this section at any time.
(6) Return of unspent grant funds.--Each State that
receives a grant under this section shall return any
unspent grant funds not later than 6 months after the
date on which the term for the grant ends.
(b) Grant Application.--A State that desires a grant under
this section shall submit an application to the Secretary at
such time, in such manner, and containing such information and
assurances as the Secretary may require, including--
(1) a description of the criteria a student must meet
to demonstrate the proficiency in speaking, reading,
and writing in both languages necessary for the State
Seal of Biliteracy program;
(2) a detailed description of the State's plan--
(A) to ensure that English learners and
former English learners are included in the
State Seal of Biliteracy program;
(B) to ensure that--
(i) all languages, including Native
American languages, can be tested for
the State Seal of Biliteracy program;
and
(ii) Native American language
speakers and learners are included in
the State Seal of Biliteracy program,
including students at tribally
controlled schools and at schools
funded by the Bureau of Indian
Education; and
(C) to reach students, including eligible
students described in subsection (c)(2) and
English learners, their parents, and schools
with information regarding the State Seal of
Biliteracy program;
(3) an assurance that a student who meets the
requirements under paragraph (1) and subsection (c)
receives--
(A) a permanent seal or other marker on the
student's secondary school diploma or its
equivalent; and
(B) documentation of proficiency on the
student's official academic transcript; and
(4) an assurance that a student is not charged a fee
for providing information under subsection (c)(1).
(c) Student Participation in a Seal of Biliteracy Program.--
(1) In general.--To participate in a Seal of
Biliteracy program, a student shall provide information
to the State that serves the student at such time, in
such manner, and including such information and
assurances as the State may require, including an
assurance that the student has met the criteria
established by the State under subsection (b)(1).
(2) Student eligibility for participation.--A student
who gained proficiency in a second language outside of
school may apply under paragraph (1) to participate in
a Seal of Biliteracy program.
(d) Use of Funds.--Grant funds made available under this
section shall be used for--
(1) the administrative costs of establishing or
improving, and carrying out, a Seal of Biliteracy
program that meets the requirements of subsection (b);
and
(2) public outreach and education about the Seal of
Biliteracy program.
(e) Report.--Not later than 18 months after receiving a grant
under this section, a State shall issue a report to the
Secretary describing the implementation of the Seal of
Biliteracy program for which the State received the grant.
(f) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section $10,000,000 for each
of fiscal years 2021 through 2025.
----------
56. An Amendment To Be Offered by Representative Brownley of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title V, add the following:
SEC. 5__. REPORT REGARDING REVIEWS OF DISCHARGES AND DISMISSALS BASED
ON SEXUAL ORIENTATION OR GENDER IDENTITY.
(a) Report Required.--Not later than September 30, 2021, the
Secretaries of Defense and Veterans Affairs shall jointly
submit to Congress a report regarding former members of the
Armed Forces who--
(1) were discharged or dismissed from the Armed
Forces;
(2) have applied to either Secretary for an upgrade
in the characterization of discharge or dismissal; and
(3) allege in such applications that such discharges
or dismissals arose from a policy of the Department of
Defense regarding the sexual orientation or gender
identity of a member.
(b) Elements.--The report under this section shall include
the number of applications described in subsection (a) and the
percentages of such applications granted and denied,
disaggregated by--
(1) Armed Force;
(2) grade;
(3) race;
(4) ethnicity;
(5) gender;
(6) characterization of discharge or dismissal; and
(7) upgraded characterization of discharge or
dismissal, if applicable.
(c) Publication.--The Secretaries each shall publish the
report under this section on a publicly accessible website of
the respective department.
----------
57. An Amendment To Be Offered by Representative Buchanan of Florida or
His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII, add the following new
section:
SEC. 7__. STUDY ON MEDEVAC HELICOPTERS AND AMBULANCES AT MILITARY
INSTALLATIONS.
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 containing a study on
the potential benefits and feasibility of requiring that--
(1) each enduring military installation located
outside the United States has at least one properly
functioning medical evacuation helicopter and at least
one properly functioning ambulance; and
(2) each such helicopter and ambulance is stocked
with appropriate emergency medical supplies.
----------
58. An Amendment To Be Offered by Representative Buck of Colorado or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XI, insert the following
new section:
SEC. 11__. PROHIBITION ON DOWNLOADING OR USING TIKTOK BY FEDERAL
EMPLOYEES.
(a) In General.--Except as provided in subsection (b), no
employee of the United States, officer of the United States,
Member of Congress, congressional employee, or officer or
employee of a government corporation may download or use TikTok
or any successor application developed by ByteDance or any
entity owned by ByteDance on any device issued by the United
States or a government corporation.
(b) Exception.--Subsection (a) shall not apply to any
investigation, cybersecurity research activity, enforcement
action, disciplinary action, or intelligence activity.
----------
59. An Amendment To Be Offered by Representative Burgess of Texas or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, insert the following:
SEC. 3__. REPORT ON ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report on
the use of energy savings performance contracts (in this
section referred to as ``ESPCs'') by the Department of Defense.
Such report shall include--
(1) the total investment value of the total number of
ESPCs per service for fiscal years 2016 through 2020;
(2) the location of facilities with ESPCs for fiscal
years 2016 through 2020;
(3) any limitations on expanding ESPCs throughout the
Department of Defense;
(4) the effect ESPCs have on military readiness; and
(5) any additional information the Secretary
determines relevant.
(b) Appropriate Congressional Committees.--In this section,
the appropriate congressional committees are--
(1) the Committee on Armed Services and the Committee
on Energy and Commerce of the House of Representatives;
and
(2) the Committee on Armed Services, the Committee on
Energy and Natural Resources, and the Committee on
Environment and Public Works of the Senate.
----------
60. An Amendment To Be Offered by Representative Bustos of Illinois or
Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title V, insert the following:
SEC. 5__. REPORT REGARDING FULL-TIME NATIONAL GUARD DUTY IN RESPONSE TO
THE COVID-19 PANDEMIC.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
regarding how the Secretary determined whether to authorize
full-time National Guard duty in response to the covered
national emergency.
(b) Elements.--The report under this section shall include
the following:
(1) The number of requests described in subsection
(a).
(2) The number of such requests approved and the
number of requests denied.
(3) For each such request--
(A) the time elapsed from receipt of request
to disposition of request; and
(B) whether costs (including pay and benefits
for members of the National Guard) were a
factor in determining whether to grant or deny
the request.
(4) For each such request approved, the time elapsed
from approval to when the first such member of the
National Guard was placed on full-time National Guard
duty in response to such request.
(5) For each such request denied, the reason for
denial and how such denial was explained to the
requestor.
(6) A description of how the process of review for
such requests differed from previous requests for full-
time National Guard duty under section 502(f) of title
32, United States Code.
(7) Recommendations of the Secretary to improve the
review of such requests in order to better respond to
such requests.
(c) Definitions.--In this section:
(1) The term ``covered national emergency'' means the
national emergency declared on March 13, 2020, by the
President under the National Emergencies Act (50 U.S.C.
1601 et seq.) with respect to COVID-19.
(2) The term ``full-time National Guard duty'' has
the meaning given that term in section 101 of title 10,
United States Code.
----------
61. An Amendment To Be Offered by Representative Bustos of Illinois or
Her Designee, Debatable for 10 Minutes
Page 342, after line 3, add the following new section (and
amend the table of contents accordingly):
SEC. 539A. CLARIFICATION OF TERMINATION OF LEASES OF PREMISES AND MOTOR
VEHICLES OF SERVICEMEMBERS WHO INCUR CATASTROPHIC
INJURY OR ILLNESS OR DIE WHILE IN MILITARY SERVICE.
(a) Catastrophic Injuries and Illnesses.--Paragraph (4) of
section 305(a) of the Servicemembers Civil Relief Act (50
U.S.C. 3955(a)), as added by section 545 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92), is amended to read as follows:
``(4) Catastrophic injury or illness of lessee.--
``(A) Termination.--If the lessee on a lease
described in subsection (b) incurs a
catastrophic injury or illness during a period
of military service or while performing covered
service, during the one-year period beginning
on the date on which the lessee incurs such
injury or illness--
``(i) the lessee may terminate the
lease; or
``(ii) in the case of a lessee who
lacks the mental capacity to contract
or to manage his or her own affairs
(including disbursement of funds
without limitation) due to such injury
or illness, the spouse or dependent of
the lessee may terminate the lease.
``(B) Definitions.--In this paragraph:
``(i) The term `catastrophic injury
or illness' has the meaning given that
term in section 439(g) of title 37,
United States Code.
``(ii) The term `covered service'
means full-time National Guard duty,
active Guard and Reserve duty, or
inactive-duty training (as such terms
are defined in section 101(d) of title
10, United States Code).''.
(b) Deaths.--Paragraph (3) of such section is amended by
striking ``The spouse of the lessee'' and inserting ``The
spouse or dependent of the lessee''.
----------
62. An Amendment To Be Offered by Representative Bustos of Illinois or
Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, add the following:
SEC. 1762. PILOT PROGRAM FOR ONLINE REAL ESTATE INVENTORY TOOL.
(a) In General.--The Secretary of the Army in consultation
with Administrator of the General Services Administration and
Assistant Secretary of Defense for Sustainment shall establish
a pilot program for developing an online real estate tool of
existing inventory of space available at Army installations.
(b) Purpose.--The purpose of the online inventory tool is
to--
(1) achieve efficiencies in real estate property
management consistent with the National Defense
Strategy goal of finding greater efficiencies within
the Department of Defense operations;
(2) provide a public tool to better market space
available at Army installations for better utilization
of existing space; and
(3) provide a tool to better quantify existing space
and how it is utilize for current missions and
requirements.
(c) Considerations.--The Secretary of the Army shall
consider--
(1) innovative approaches to establishing this pilot
program including use of other transaction authorities
consistent with section 2371 of title 10, United States
Code, as well as use of commercial off-the-shelf
technologies;
(2) developing appropriate protections of sensitive
or classified information from being included with the
online inventory tool; and
(3) developing appropriate levels of access for
private sector users of the system.
(d) Establishment of Policy.--After the pilot program has
been established and locations identified, the Secretary of the
Army shall develop policy requiring the use of the system
described in subsection (a) to query for existing inventory
before any military construction or off-post leases are agreed
to. The Secretary of the Army shall ensure that all relevant
notifications to congressional defense committees include
certification that the system in subsection (a) was queried.
(e) Rule of Construction.--Nothing in this section shall be
construed to effect the application of title V of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11411 et seq.).
----------
63. An Amendment To Be Offered by Representative Byrne of Alabama or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title VIII the following new
section:
SEC. 8__. DOCUMENTATION PERTAINING TO COMMERCIAL ITEM DETERMINATIONS.
Section 2380 of title 10, United States Code, is amended by--
(1) redesignating subsection (b) as subsection (c);
and
(2) inserting after subsection (a) the following new
subsection:
``(b) Determinations Regarding the Commercial Nature of
Products or Services.--
``(1) In general.--A contracting officer of the
Department of Defense shall make a binding
determination whether a particular product or service
offered by a contractor meets the definition of a
commercial product or commercial service. The
contracting officer may seek the advice of the cadre of
experts established pursuant to section 831(b)(2) of
the National Defense Authorization Act for Fiscal Year
2013 (Public Law 112-239; 126 Stat. 1842; 10 U.S.C.
2306a note), or request the cadre of experts to make a
determination that a product or service is a commercial
product or commercial service.
``(2) Memorandum.--Within 30 days after making a
determination that a product or service is a commercial
product or commercial service, the contracting officer
shall submit a written memorandum summarizing the
determination, consistent with the template in Appendix
B of the Department of Defense Guidebook for Acquiring
Commercial Items (issued January 2018 and revised July
2019), to--
``(A) the Director of the Defense Contract
Management Agency for inclusion in any database
established to fulfill the requirements of
subsection (a)(2); and
``(B) the contractor asserting the commercial
nature of the product or service.''.
----------
64. An Amendment To Be Offered by Representative Carbajal of California
or His Designee, Debatable for 10 Minutes
Page 307, after line 3, insert the following new section:
SEC. 524. DEVELOPMENT OF GUIDELINES FOR USE OF UNOFFICIAL SOURCES OF
INFORMATION TO DETERMINE ELIGIBILITY OF MEMBERS AND
FORMER MEMBERS OF THE ARMED FORCES FOR DECORATIONS
AND BENEFITS WHEN THE SERVICE RECORDS ARE
INCOMPLETE BECAUSE OF DAMAGE TO THE OFFICIAL
RECORD.
Section 528 of National Defense Authorization Act for Fiscal
Year 2020 (10 U.S.C. 1121 note; 133 Stat.1357) is amended--
(1) in the section heading, by inserting ``and
benefits'' after ``decorations'';
(2) in subsection (a)--
(A) by inserting ``and the Secretary of
Veterans Affairs'' after ``military
departments''; and
(B) by inserting ``and benefits'' after
``decorations'';
(3) by redesignating subsection (b) as subsection
(c); and
(4) by inserting after subsection (a) the following
new subsection:
``(b) Consultation.--The Secretary of Defense shall prepare
the guidelines in consultation with the Secretary of Veterans
Affairs, with respect to veterans benefits under title 38,
United States Code, whose eligibility determinations depend on
the use of service records maintained by the Department of
Defense.''.
----------
65. An Amendment To Be Offered by Representative Carbajal of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVI, add the following new
section:
SEC. 16__. PERMANENT PERSONNEL MANAGEMENT AUTHORITY FOR SPACE
DEVELOPMENT AGENCY FOR EXPERTS IN SCIENCE AND
ENGINEERING.
(a) Program Authorized for Space Development Agency.--Section
1599h(a) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(7) SDA.--The Director of the Space Development
Agency may carry out a program of personnel management
authority provided in subsection (b) in order to
facilitate recruitment of eminent experts in science or
engineering for research and development projects and
to enhance the administration and management of the
Agency.''.
(b) Personnel Management Authority.--Section 1599h(b)(1) of
such title is amended--
(1) by striking ``and'' at the end of subparagraph
(E);
(2) by inserting ``and'' after the semicolon at the
end of subparagraph (F); and
(3) by adding at the end the following new
subparagraph:
``(G) in the case of the Space Development
Agency, appoint individuals to a total of not
more than 10 positions in the Agency, of which
not more than 5 such positions may be positions
of administration or management of the
Agency;''.
----------
66. An Amendment To Be Offered by Representative Carson of Indiana or
His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII, insert the following
new section:
SEC. 746. FUNDING FOR PANCREATIC CANCER RESEARCH.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for the Defense Health Program, as
specified in the corresponding funding table in section 4501,
for R&D Research is hereby increased by $5,000,000 for the
purposes of a pancreatic cancer early detection initiative
(EDI).
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for Defense Health Program, as
specified in the corresponding funding table in section 4501,
for Base Operations/Communications is hereby reduced by
$5,000,000.
----------
67. An Amendment To Be Offered by Representative Case of Hawaii or His
Designee, Debatable for 10 Minutes
At the end of subtitle F of title XXVIII, add the following
new section:
SEC. 28__. DEPARTMENT OF DEFENSE REPORT ON EASEMENTS AND LEASED LANDS
IN HAWAI`I.
(a) Findings.--Congress finds the following:
(1) Lands throughout the State of Hawai'i currently
owned and leased by the Department of Defense or in
which the Department of Defense otherwise has a real
property interest are critical to maintaining the
readiness of the Armed Forces now stationed or to be
stationed in Hawai'i and throughout the Indo-Pacific
region and elsewhere.
(2) Securing long-term continued utilization of those
lands by the Armed Forces is thus critical to the
national defense.
(3) As a result of various factors, including complex
land ownership and utilization issues and competing
actual and potential uses, the interdependency of the
various military components, and the necessity of
maintaining public support for the presence and
operations of the Armed Forces, the realization of the
congressional and Department of Defense goals of
ensuring the continuity of critical land and facilities
infrastructure requires a sustained, dedicated, funded,
top-level effort to coordinate realization of these
goals across the Armed Forces, between the Department
of Defense and other agencies of the Federal
Government, and between the Department of Defense and
the State of Hawai'i and its civilian sector.
(4) The end result of this effort must account for
military and civilian concerns and for the changing
missions and needs of all components of the Armed
Forces stationed or otherwise operating out of the
State of Hawai`i as the Department of Defense adjusts
to meet the objectives outlined in the National Defense
Strategy.
(b) Report Required.--Not later than 180 days after the date
of the enactment of this Act, the Under Secretary of Defense
for Acquisition and Sustainment shall submit to the
congressional defense committee a report describing the
progress being made by the Department of Defense to renew
Department of Defense land leases and easements in the State of
Hawai`i that encompass one acre or more and will expire before
January 1, 2030. The report shall include the following:
(1) The location, size, and expiration date of each
lease and easement.
(2) Major milestones and expected timelines for
maintaining access to the land covered by each lease
and easement.
(3) Actions completed over the preceding two years
for each lease and easement.
(4) Department-wide and service-specific authorities
governing each lease and easement extension.
(5) A summary of coordination efforts between the
Secretary of Defense and the Secretaries of the
military departments.
(6) The status of efforts to develop an inventory of
military land in Hawai`i, to include current possible
future uses, that would assist in land negotiations
with the State of Hawai`i.
(7) The risks and potential solutions to ensure the
renewability of required and critical leases and
easements.
----------
68. An Amendment To Be Offered by Representative Castro of Texas or His
Designee, Debatable for 10 Minutes
Page 481, after line 5, insert the following:
SEC. 7__. WAIVER OF FEES CHARGED TO CERTAIN CIVILIANS FOR EMERGENCY
MEDICAL TREATMENT PROVIDED AT MILITARY MEDICAL
TREATMENT FACILITIES.
Section 1079b of title 10, United States Code, is amended--
(1) by redesignating subsection (b) as subsection
(c); and
(2) by inserting after subsection (a) the following
new subsection (b):
``(b) Waiver of Fees.--Under the procedures implemented under
subsection (a), a military medical treatment facility may waive
a fee charged under such procedures to a civilian who is not a
covered beneficiary if--
``(1) after insurance payments, if any, the civilian
is not able to pay for the trauma or other medical care
provided to the civilian; and
``(2) the provision of such care enhanced the medical
readiness of the health care provider or health care
providers furnishing such care.''.
----------
69. An Amendment To Be Offered by Representative Castro of Texas or His
Designee, Debatable for 10 Minutes
At the end of title XII, add the following:
Subtitle H--Global Child Thrive Act of 2020
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the ``Global Child Thrive Act
of 2020''.
SEC. 1282. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States Government should continue
efforts to reduce child mortality rates and increase
attention on prevention efforts and early childhood
development programs;
(2) investments in early childhood development ensure
healthy and well-developed future generations that
contribute to a country's stability, security and
economic prosperity;
(3) efforts to provide training and education on
nurturing care could result in improved early childhood
development outcomes and support healthy brain
development; and
(4) integration and cross-sector coordination of
early childhood development programs is critical to
ensure the efficiency, effectiveness, and continued
implementation of such programs.
SEC. 1283. ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES GLOBALLY.
(a) Authorization of Assistance.--Amounts authorized to be
appropriated to carry out section 135 in chapter 1 of part 1 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) for
each of the fiscal years 2021 through 2025 are authorized to be
made available to support early childhood development
activities in conjunction with relevant, existing programming,
such as water, sanitation and hygiene, maternal and child
health, basic education, nutrition and child protection.
(b) Assistance to Improve Early Childhood Incomes Globally.--
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) is amended by adding at the end the
following:
``SEC. 137. ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES GLOBALLY.
``(a) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Appropriations of the
Senate;
``(B) the Committee on Foreign Relations of
the Senate;
``(C) the Committee on Appropriations of the
House of Representatives; and
``(D) the Committee on Foreign Affairs of the
House of Representatives.
``(2) Early childhood development.--The term `early
childhood development' means the development and
learning of a child younger than 8 years of age,
including physical, cognitive, social, and emotional
development and approaches to learning that allow a
child to reach his or her full developmental potential.
``(3) Early childhood development program.--The term
`early childhood development program' means a program
that ensures that every child has the conditions for
healthy growth, nurturing family-based care,
development and learning, and protection from violence,
exploitation, abuse, and neglect, which may include--
``(A) a health, clean water, sanitation, and
hygiene program that serves pregnant women,
children younger than 5 years of age, and the
parents of such children;
``(B) a nutrition program, combined with
stimulating child development activity;
``(C) age appropriate cognitive stimulation,
especially for newborns, infants, and toddlers,
including an early childhood intervention
program for children experiencing at-risk
situations, developmental delays, disabilities,
and behavioral and mental health conditions;
``(D) an early learning (36 months and
younger), preschool, and basic education
program for children until they reach 8 years
of age or complete primary school; or
``(E) a child protection program, with an
emphasis on the promotion of permanent, safe,
and nurturing families, rather than placement
in residential care or institutions, including
for children with disabilities.
``(4) Federal departments and agencies.--The term
`Federal departments and agencies' means--
``(A) the Department of State;
``(B) the United States Agency for
International Development;
``(C) the Department of the Treasury;
``(D) the Department of Labor;
``(E) the Department of Education;
``(F) the Department of Agriculture;
``(G) the Department of Defense;
``(H) the Department of Health and Human
Services, including--
``(i) the Centers for Disease Control
and Prevention; and
``(ii) the National Institutes of
Health;
``(I) the Millennium Challenge Corporation;
``(J) the Peace Corps; and
``(K) any other department or agency
specified by the President for the purposes of
this section.
``(5) Residential care.--The term `residential care'
means care provided in any non-family-based group
setting, including orphanages, transit or interim care
centers, children's homes, children's villages or
cottage complexes, group homes, and boarding schools
used primarily for care purposes as an alternative to a
children's home.
``(b) Statement of Policy.--It is the policy of the United
States--
``(1) to support early childhood development in
relevant foreign assistance programs, including by
integrating evidence-based, efficient, and effective
interventions into relevant strategies and programs, in
coordination with partner countries, other donors,
international organizations, international financial
institutions, local and international nongovernmental
organizations, private sector partners, civil society,
and faith-based and community-based organizations; and
``(2) to encourage partner countries to lead early
childhood development initiatives that include
incentives for building local capacity for continued
implementation and measurable results, by--
``(A) scaling up the most effective,
evidence-based, national interventions,
including for the most vulnerable populations
and children with disabilities and
developmental delays, with a focus on
adaptation to country resources, cultures, and
languages;
``(B) designing, implementing, monitoring,
and evaluating programs in a manner that
enhances their quality, transparency, equity,
accountability, efficiency and effectiveness in
improving child and family outcomes in partner
countries; and
``(C) utilizing and expanding innovative
public-private financing mechanisms.
``(c) Implementation.--
``(1) In general.--Not later than 1 year after the
date of the enactment of this section, the
Administrator of the United States Agency for
International Development, in coordination with the
Secretary of State, shall direct relevant Federal
departments and agencies--
``(A) to incorporate, to the extent practical
and relevant, early childhood development into
foreign assistance programs to be carried out
during the following 5 fiscal years; and
``(B) to promote inclusive early childhood
development in partner countries.
``(2) Elements.--In carrying out paragraph (1), the
Administrator, the Secretary, and the heads of other
relevant Federal departments and agencies as
appropriate shall--
``(A) build on the evidence and priorities
outlined in `Advancing Protection and Care for
Children in Adversity: A U.S. Government
Strategy for International Assistance 2019-
2023', published in June 2019 (referred to in
this section as `APCCA');
``(B) to the extent practicable, identify
evidence-based strategic priorities,
indicators, outcomes, and targets, particularly
emphasizing the most vulnerable populations and
children with disabilities and developmental
delays, to support inclusive early childhood
development;
``(C) support the design, implementation, and
evaluation of pilot projects in partner
countries, with the goal of taking such
projects to scale;
``(D) support inclusive early childhood
development within all relevant sector
strategies and public laws, including--
``(i) the Global Water Strategy
required under section 136(j);
``(ii) the whole-of-government
strategy required under section 5 of
the Global Food Security Act of 2016
(22 U.S.C. 9304 note);
``(iii) the Basic Education Strategy
set forth in section 105(c);
``(iv) the U.S. Government Global
Nutrition Coordination Plan, 2016-2021;
and
``(v) APCCA; and others as
appropriate;
``(E) improve coordination with foreign
governments and international and regional
organizations with respect to official country
policies and plans to improve early childhood
development, maternal, newborn, and child
health and nutrition care, basic education,
water, sanitation and hygiene, and child
protection plans which promote nurturing,
appropriate, protective, and permanent family
care, while reducing the percentage of children
living in residential care or on the street;
and
``(F) consult with partner countries, other
donors, international organizations,
international financial institutions, local and
international nongovernmental organizations,
private sector partners and faith-based and
community-based organizations, as appropriate.
``(d) Annual Report on the Implementation of the Strategy.--
The Special Advisor for Children in Adversity shall include, in
the annual report required under section 5 of the Assistance
for Orphans and Other Vulnerable Children in Developing
Countries Act of 2005 (22 U.S.C. 2152g), which shall be
submitted to the appropriate congressional committees and made
publicly available, a description of--
``(1) the progress made toward integrating early
childhood development interventions into relevant
strategies and programs;
``(2) the efforts made by relevant Federal
departments and agencies to implement subsection (c),
with a particular focus on the activities described in
such subsection;
``(3) the progress achieved during the reporting
period toward meeting the goals, objectives,
benchmarks, described in subsection (c); and
``(4) the progress achieved during the reporting
period toward meeting the goals, objectives,
benchmarks, and timeframes described in subsection (c)
at the program level, along with specific challenges or
gaps that may require shifts in targeting or financing
in the following fiscal year.
``(e) Interagency Task Force.--The Special Advisor for
Assistance to Orphans and Vulnerable Children should regularly
convene an interagency task force, to coordinate--
``(1) intergovernmental and interagency monitoring,
evaluation, and reporting of the activities carried out
pursuant to this section;
``(2) early childhood development initiatives that
include children with a variety of needs and
circumstances; and
``(3) United States Government early childhood
development programs, strategies, and partnerships
across relevant Federal departments and agencies.''.
SEC. 1284. SPECIAL ADVISOR FOR ASSISTANCE TO ORPHANS AND VULNERABLE
CHILDREN.
Section 135(e)(2) of the Foreign Assistance Act of 1961 (22
U.S.C. 2152f(e)(2)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) Coordinate assistance to orphans and
other vulnerable children among the relevant
Executive branch agencies and officials.''; and
(2) in subparagraph (B), by striking ``the various
offices, bureaus, and field missions within the United
States Agency for International Development'' and
inserting ``the relevant Executive branch agencies and
officials''.
SEC. 1285. RULE OF CONSTRUCTION.
Nothing in the amendments made by this subtitle may be
construed to restrict or abrogate any other authorization for
United States Agency for International Development activities
or programs.
----------
70. An Amendment To Be Offered by Representative Castro of Texas or His
Designee, Debatable for 10 Minutes
At the end of subtitle H of title V, add the following:
SEC. 578. REPORT TO CONGRESS ON EFFORTS TO INCREASE DIVERSITY AND
REPRESENTATION IN FILM, TELEVISION, AND PUBLISHING.
(a) Promulgation of Policy.--The Secretary of Defense and
each Secretary of a military department shall promulgate a
policy to promote, to the maximum extent possible, the
depiction of marginalized communities in projects with the
film, television, and publishing industries carried out through
the respective offices of public affairs.
(b) Consideration of Depiction of Certain Communities.--The
Secretary of Defense and each Secretary of a military
department shall consider the promotion of a marginalized
community as an affirmative factor in any decision to provide
assistance to a production studio or publishing company through
the respective offices of public affairs.
(c) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense, in
coordination with each Secretary of a military department,
shall submit to the congressional defense committees a report
on--
(1) the policies promulgated under subsection (a);
and
(2) the activities carried out by the Secretary of
Defense and each such Secretary of a military
department pursuant to such subsection.
(d) Definition of Marginalized Community.--In this section,
the term ``marginalized community'' means a community--
(1) that is (or historically was) under-represented
in the film, television, and publishing industries,
including--
(A) women;
(B) racial and ethnic minorities;
(C) individuals with disabilities;
(D) members of the LGBTQ community;
(E) individuals of all ages; and
(F) other individuals from under-represented
communities; and
(2) whose members have served in the Armed Forces.
----------
71. An Amendment To Be Offered by Representative Chabot of Ohio or His
Designee, Debatable for 10 Minutes
Add at the end of subtitle G of title XII the following:
SEC. 12__. REPORT ON INTERNALLY DISPLACED PEOPLES IN UKRAINE, GEORGIA,
MOLDOVA, AND AZERBAIJAN.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination
with the Secretary of Defense, shall submit to the appropriate
congressional committees a report on the status of internally
displaced persons in Ukraine, Georgia, the Republic of Moldova,
and the Republic of Azerbaijan.
(b) Elements.--The report required by subsection (a) shall
include an assessment of the following:
(1) The number of citizens of Ukraine, Georgia,
Moldova, and Azerbaijan who have been forcibly
displaced in illegally occupied regions in Ukraine,
Georgia, Moldova, and Azerbaijan by foreign forces
since 1991.
(2) The number of citizens of Ukraine, Georgia,
Moldova, and Azerbaijan who have been killed in regions
illegally occupied by foreign forces since 1991.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Appropriations of the Senate and
the Committee on Appropriations of the House of
Representatives; and
(3) the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives.
----------
72. An Amendment To Be Offered by Representative Chabot of Ohio or His
Designee, Debatable for 10 Minutes
At the end of subtitle C of title XVI add the following new
section:
SEC. 16__. FUNDING FOR NATIONAL CENTER FOR HARDWARE AND EMBEDDED
SYSTEMS SECURITY AND TRUST.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 4201 for research, development, test,
and evaluation, Air Force, as specified in the corresponding
funding table in section 4201, for Aerospace Sensors, line 009,
is hereby increased by $3,000,000 for the National Center for
Hardware and Embedded Systems Security and Trust.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1402 for chemical agents and munitions
destruction, as specified in the corresponding funding table in
section 4501, for Chem Demilitarization--RDT&E, is hereby
reduced by $3,000,000.
----------
73. An Amendment To Be Offered by Representative Chabot of Ohio or His
Designee, Debatable for 10 Minutes
Page 837, after line 2, insert the following:
SEC. 12__. DETERRENCE STRATEGY AGAINST CHINESE-ORIGIN CYBER ATTACKS.
(a) Findings.--Congress finds the following:
(1) Cyber-enabled industrial espionage and the large
scale cybertheft of personal information by the
People's Republic of China (``PRC'') are severely
detrimental to national security, economic vitality,
and technological preeminence.
(2) Such attacks are generally situated within the
context of state-sponsored gray zone campaigns and not
generally ultimately attributable to sub-state actors.
(3) The United States response to such espionage has
not included the imposition of sufficient costs on the
PRC to deter or credibly respond to such attacks.
(b) Statement of Policy.--It is the policy of the United
States to deter and respond to industrial espionage and the
theft of personal information conducted against the United
States or United States persons by the PRC, PRC persons or
entities, or persons or entities acting on behalf of the PRC.
(c) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a whole-of-government
strategy, in unclassified and classified forms as specified in
paragraphs (1) through (4), to impose costs on the PRC or
appropriate PRC persons or entities in order to deter
industrial espionage and the large-scale theft of personal
information conducted by the PRC, PRC persons or entities, or
persons or entities acting on behalf of the PRC against the
United States or United States persons, that includes the
following:
(1) An unclassified discussion of United States
interests in preventing such cyber attacks that
includes a general discussion of the impact on the
United States and its economy from such attacks.
(2) An unclassified general discussion of the
contexts in which and the means by which the United
States will seek to deter such cyber attacks, that
seeks to demonstrate the credibility of United States
resolve to defend its interests in cyberspace.
(3) A classified theory of deterrence with respect to
the PRC that explains--
(A) the means or combination of means,
including available non-cyber responses,
anticipated to achieve deterrence and the
justification for such assessment; and
(B) an escalation ladder that describes the
circumstances and the timeframe under which the
President plans to invoke the use of such means
to be effective to deter such attacks or to
invoke lesser means to provide a credible
response.
(4) A classified description of the roles of the
Secretary of State, the Secretary of Defense, the
Attorney General, the Secretary of Commerce, the
Secretary of the Treasury, the Secretary of Homeland
Security, the Secretary of Health and Human Services,
and, as appropriate, the head of each element of the
intelligence community (as such term is defined by
section 3 of the National Security Act of 1947 (50
U.S.C. 3003)) in carrying out such strategy.
(d) Implementation Plan.--Not later than 30 days after the
date of the submission of the strategy required by subsection
(c), each Federal official listed in subsection (c)(4) shall
submit to the appropriate congressional committees a classified
implementation plan to describe the manner in which the
respective department or agency will carry out this strategy.
(e) Update.--Not later than 1 year after the date of the
submission of the strategy required by subsection (c), and
annually thereafter, the President shall submit to the
appropriate congressional committees an unclassified assessment
of the effectiveness of the strategy, an unclassified summary
of the lessons learned from the past year on the effectiveness
of deterrence (which may contain a classified annex), and an
unclassified summary of planned changes to the strategy with a
classified annex on changes to its theory of deterrence.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee
on Armed Services, the Permanent Select Committee on
Intelligence, the Committee on the Judiciary, the
Committee on Energy and Commerce, the Committee on
Homeland Security, and the Committee on Financial
Services of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee
on Armed Services, the Committee on Banking, Housing,
and Urban Affairs, the Committee on Commerce, Science,
and Transportation, the Committee on Homeland Security
and Government Affairs, and the Committee on the
Judiciary of the Senate.
----------
74. An Amendment To Be Offered by Representative Chabot of Ohio or His
Designee, Debatable for 10 Minutes
Add at the end of subtitle G of title XII the following:
SEC. 12__. SENSE OF CONGRESS ON CROSS-BORDER VIOLENCE IN THE GALWAN
VALLEY AND THE GROWING TERRITORIAL CLAIMS OF THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Findings.--Congress makes the following findings:
(1) Since a truce in 1962 ended skirmishes between
India and the People's Republic of China, the countries
have been divided by a 2,100-mile-long Line of Actual
Control.
(2) In the decades since the truce, military
standoffs between India and the People's Republic of
China have flared; however, the standoffs have rarely
claimed the lives of soldiers.
(3) In the months leading up to June, 15, 2020, along
the Line of Actual Control, the People's Republic of
China--
(A) reportedly amassed 5,000 soldiers; and
(B) is believed to have crossed into
previously disputed territory considered to be
settled as part of India under the 1962 truce.
(4) On June 6, 2020, the People's Republic of China
and India reached an agreement to deescalate and
disengage along the Line of Actual Control.
(5) On June 15, 2020, at least 20 Indian soldiers and
an unconfirmed number of Chinese soldiers were killed
in skirmishes following a weeks-long standoff in
Eastern Ladakh, which is the de facto border between
India and the People's Republic of China.
(6) Following the deadly violence, Prime Minister
Narendra Modi of India stated, ``[w]henever there have
been differences of opinion, we have always tried to
ensure that those differences never turned into a
dispute''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) India and the People's Republic of China should
work toward deescalating the situation along the Line
of Actual Control; and
(2) the expansion and aggression of the People's
Republic of China in and around disputed territories,
such as the Line of Actual Control, the South China
Sea, the Senkaku Islands, is of significant concern.
----------
75. An Amendment To Be Offered by Representative Cicilline of Rhode
Island or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, add the following:
SEC. ___. ESTABLISHMENT OF SOUTHERN NEW ENGLAND REGIONAL COMMISSION.
(a) Establishment.--Section 15301(a) of title 40, United
States Code, is amended by adding at the end the following:
``(4) The Southern New England Regional
Commission.''.
(b) Designation of Region.--
(1) In general.--Subchapter II of chapter 157 of such
title is amended by adding at the end the following:
``Sec. 15734. Southern New England Regional Commission
``The region of the Southern New England Regional Commission
shall include the following counties:
``(1) Rhode island.--The counties of Providence,
Washington, Newport, and Bristol in the State of Rhode
Island.
``(2) Connecticut.--The counties of Hartford, New
Haven, and New London in the State of Connecticut.
``(3) Massachusetts.--The counties of Hampden and
Bristol in the State of Massachusetts.''.
(2) Technical and conforming amendment.--The analysis
for Subchapter II of chapter 157 of such title is
amended by adding at the end the following:
``15734. Southern New England Regional Commission.''.
(c) Authorization of Appropriations.--The authorization of
appropriations in section 15751 of title 40, United States
Code, shall apply with respect to the Southern New England
Regional Commission beginning with fiscal year 2021.
----------
76. An Amendment To Be Offered by Representative Cicilline of Rhode
Island or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII, insert the following
new section:
SEC. 7__. REPORT ON MENTAL HEALTH TREATMENT RELATING TO PREGNANCY.
(a) Report Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report with respect to mental health
treatment relating to pregnancy that assesses the following:
(1) The extent to which treatment for covered mental
health issues is available and accessible to active
duty members of the Armed Forces and the spouses of
such members.
(2) The extent to which data on the rate of
occurrence of covered mental health issues among active
duty members of the Armed Forces, and the spouses of
such members, is collected.
(3) The barriers that prevent active duty members of
the Armed Forces, and the spouses of such members, from
seeking or obtaining care for covered mental health
issues.
(4) The ways in which the Department of Defense is
addressing barriers identified under paragraph (3).
(b) Covered Mental Health Issues Defined.--In this section,
the term ``covered mental health issues'' means pregnancy-
related depression, postpartum depression, and other pregnancy-
related mood disorders.
----------
77. An Amendment To Be Offered by Representative Clarke of New York or
Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title II, add the following new
section:
SEC. 2__. ASSESSMENTS OF INTELLIGENCE, DEFENSE, AND MILITARY
IMPLICATIONS OF DEEPFAKE VIDEOS AND RELATED
TECHNOLOGIES.
(a) Intelligence Threat Assessment.--
(1) In general.--In conjunction with each annual
report required under section 5709(d) of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92) (relating to deepfake technology and the
foreign weaponization of deepfakes), the Director of
National Intelligence shall submit to the Secretary of
Defense and the appropriate congressional committees a
supplemental report on the intelligence, defense, and
military implications of deepfake videos and related
technologies.
(2) Elements.--Each supplemental report under
paragraph (1) shall include--
(A) a description of new developments with
respect to the national security implications
of machine-manipulated media, and intelligence
community responses to such developments, as it
pertains to those matters described in section
5709(a) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92);
(B) a description of any known efforts by the
militaries of the People's Republic of China or
the Russian Federation or any governmental
elements that provide intelligence support to
such militaries, to deploy machine-manipulated
media in the context of any ongoing
geopolitical disputes, armed conflicts, or
related operations; and
(C) an assessment of additional future
security risks posed by artificial intelligence
technologies that facilitate the creation of
machine-manipulated media, including security
risks in contexts other than influence or
information operations (including the potential
subversion of biometric authentication
systems).
(3) Interim report.--Not later than 120 days after
the date of the enactment of this Act, the Director of
National Intelligence shall submit to the Secretary of
Defense and the appropriate congressional committees a
report on the preliminary findings of the Director with
respect to each element described in subsection (2).
(4) Appropriate congressional committees defined.--In
this section, the term ``appropriate congressional
committees'' means--
(A) the congressional defense committees;
(B) the Select Committee on Intelligence of
the Senate; and
(C) the Permanent Select Committee on
Intelligence of the House of Representatives.
(b) Military Risk Assessment.--
(1) In general.--Not later than 180 days after date
on which the report under subsection (a)(3) is
submitted to the Secretary of Defense, the Secretary
shall submit to the congressional defense committees an
assessment, based on the results of such report, of the
risks posed by machine-manipulated media to the
operations, personnel, and activities of the Department
of Defense and the Armed Forces.
(2) Elements.--The report under paragraph (1) shall
include the following:
(A) An assessment of the risks posed by
machine-manipulated media in the contexts of
military planning, defense intelligence
collection, operational decision-making, and
such other contexts as the Secretary of Defense
deems appropriate.
(B) A description of how the Department of
Defense would assess, particularly under
limited time constraints, the legitimacy of
machine-manipulated media purporting to depict
activities relevant to ongoing military
operations (such as a deepfake video purporting
to depict a foreign government official
announcing an impending military strike,
retreat, or other tactical action).
(C) A description of any efforts of the
Department of Defense to combat the actual or
potential creation of machine-manipulated media
that falsely depicts or replicates biometric
identifiers of Federal Government officials,
and an assessment of the feasibility of
adopting or developing technologies to reduce
the likelihood of video, audio, or visual
content produced or distributed by the
Department of Defense from being manipulated or
exploited in such manner.
(D) An assessment of the Department of
Defense's current machine-manipulated media
detection capabilities, and recommendations
with respect to improving such capabilities.
(c) Form.--The reports required under subsections (a) and (b)
may be submitted in classified form, but if so submitted, shall
be accompanied by unclassified annexes.
(d) Machine-manipulated Media Defined.--In this section, the
term ``machine-manipulated media'' has the meaning given that
term in section 5724(d) of the National Defense Authorization
Act for Fiscal Year 2020 1 (Public Law 116-92).
----------
78. An Amendment To Be Offered by Representative Clarke of New York or
Her Designee, Debatable for 10 Minutes
Page 143, after line 24 (relating to the establishment of the
Steering Committee on Emerging Technology), add the following
new subsection:
(g) Deepfake Working Group.--
(1) In general.--The co-chairs stall establish a
working group, in coordination with the Defense
Advanced Research Project Agency and such other
departments and agencies of the Federal Government as
the co-chairs deem appropriate, to--
(A) inform the Steering Committee's
activities with respect to the national
security implications of machine-manipulated
media (commonly known as ``deepfakes'');
(B) assess the Federal Government's
capabilities with respect to technologies to
detect, or otherwise counter and combat,
machine-manipulated media and other advanced
image manipulation methods;
(C) assess the machine-manipulated media
capabilities of foreign countries and non-state
actors, with particular emphasis on the
People's Republic of China and the Russian
Federation; and
(D) provide recommendations to the Steering
Committee on the matters described in
subparagraphs (A) through (C).
(2) Machine-manipulated media defined.--In this
subsection, the term ``machine-manipulated media'' has
the meaning given that term in section 5724(d) of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92).
Page 144, line 1, strike ``(g)'' and insert ``(h)''.
Page 144, line 7, after ``intelligence'' insert ``(including
deepfake videos and related technologies)''.
----------
79. An Amendment To Be Offered by Representative Clarke of New York or
Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. 1273. ENHANCING ENGAGEMENT WITH THE CARIBBEAN.
It is the sense of Congress that--
(1) the prosperity and security of the Caribbean
region is a matter of significant importance for the
United States, and promotion of such should be a
component of United States policy;
(2) the United States and the Caribbean region, due
to both geographic proximity and close societal ties,
are bound together by a variety of shared interests,
including with respect to--
(A) enhancing mutual resiliency and
preparedness for natural disasters;
(B) coordinating humanitarian responses to
such disasters;
(C) advancing trade, investment, academic
exchange, and other cooperative efforts between
the United States and the Caribbean region;
(D) enhancing Caribbean states' security and
safeguarding territorial sovereignty, including
from risks related to predatory financing;
(E) strengthening the rule of law, supporting
civil society, and upholding human rights;
(F) addressing other mutual challenges,
including hemispheric efforts to combat the
coronavirus pandemic; and
(G) countering drug trafficking;
(3) in furtherance of these and other shared
interests, the United States should strengthen its
engagement with the Caribbean region; and
(4) the Department of State's and the Department of
Defense's facilitation of such engagement is essential,
given the role of the various agencies of the United
States government in coordinating humanitarian
responses and United States national security.
----------
80. An Amendment To Be Offered by Representative Clarke of New York or
Her Designee, Debatable for 10 Minutes
Page 1418, line 25, strike ``and''.
Page 1419, line 2, strike the period and insert ``; and''.
Page 1419, after line 2, insert the following:
(D) artificial intelligence systems that may
perpetuate societal biases against protected
classes of persons, including on the basis of
sex, race, age, disability, color, creed,
national origin, or religion, or otherwise
automate discriminatory decision-making.
SEC. 5109. RULE OF CONSTRUCTION REGARDING ETHICAL ARTIFICIAL
INTELLIGENCE.
For purposes of this division, the term ``ethical'' (when
used in the context of artificial intelligence) shall be deemed
to include efforts to minimize or eliminate discriminatory
algorithmic bias, particularly as it pertains to protected
classes of persons, including on the basis of sex, race, age,
disability, color, creed, national origin, or religion.
----------
81. An Amendment To Be Offered by Representative Clarke of New York or
Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title X, add the following:
SEC. 1052. PROHIBITION ON USE OF FUNDS FOR DISCRIMINATORY ALGORITHMIC
DECISIONMAKING SYSTEMS.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2021 for the Joint
Artificial Intelligence Center to acquire or develop new
artificial intelligence systems may be obligated or expended
unless the Department of Defense, or the vendor of such new
system, has--
(1) assessed such algorithmic decision-making system,
or commits to assess such system within 1 year of the
date of such acquisition or completion of development,
with respect to its potential to perpetuate or
introduce discriminatory bias against protected classes
of persons, including on the basis of sex, race, age,
disability, color, creed, national origin, or religion,
and after the completion of such assessment, transmits
to the Secretary a description of the methodology by
which such assessment was conducted;
(2) sought to address any unintended discriminatory
bias identified pursuant to paragraph (1) prior to
deploying such system, and through periodic assessments
during use of such systems, in any context where such
usage poses a tangible risk of resulting in an action
which could reasonably be seen to violate any law,
policy, regulation, or other codified practice of the
United States with respect to anti-discrimination,
equal protection, or civil rights, and transmitted to
the Secretary a description of the measures undertaken
to comply with the requirements of this section; and
(3) ensured that such system conforms to the DoD AI
Ethics Principles for purposes of identifying and
addressing the causes of potential discriminatory
biases in the system.
----------
82. An Amendment To Be Offered by Representative Clarke of New York or
Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVII, add the following new
section:
SEC. 17__. SENSE OF CONGRESS AND STRATEGY ON CATASTROPHIC CRITICAL
INFRASTRUCTURE FAILURE RESPONSE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the occurrence of a catastrophic critical
infrastructure failure event, in which key networks
facilitating the delivery of essential services such as
electricity, water, or communications fail for an
extended duration, would constitute a significant
threat to the national security and common welfare of
the United States;
(2) such a catastrophic critical infrastructure
failure event could occur by various means, including
but not limited to those linked to natural phenomenon
(including earthquakes, hurricanes, or geomagnetic
disturbances) or military conflict (including
cyberattacks, electromagnetic pulse effects, or kinetic
assault); and
(3) the Department of the Defense should strengthen
its preparedness for catastrophic critical
infrastructure failure events, including with respect
to preemptive infrastructure enhancements, the
facilitation of resiliency and relief efforts in the
aftermath thereto, and the mitigation of impacts of
such an event on activities of the Department.
(b) Strategy.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees a report that includes an analysis of each
of the following:
(A) Particular threat scenarios involving
catastrophic critical infrastructure failure
events which the Secretary believes could be
adequately addressed by existing Department of
Defense plans and resources.
(B) Particular threat scenarios involving
catastrophic critical infrastructure failure
events which the Secretary believes could not
currently be adequately addressed by existing
Department of Defense plans and resources.
(C) Unique challenges, with respect to
activities and operations of the Department of
Defense, presented by catastrophic critical
infrastructure failure events involving
geomagnetic disturbance or electromagnetic
pulse events.
(D) Strategies to increase future
preparedness with respect to any threat
scenarios identified pursuant to subparagraph
(B).
(2) Form.--The report under paragraph (1) may be
submitted in classified form, but if so submitted,
shall be accompanied by an unclassified summary.
----------
83. An Amendment To Be Offered by Representative Clarke of New York or
Her Designee, Debatable for 10 Minutes
Page 443, line 12, insert ``xenophobic,'' after ``racist,''.
----------
84. An Amendment To Be Offered by Representative Cohen of Tennessee or
His Designee, Debatable for 10 Minutes
At the end of subtitle D of title XII, add the following:
SEC. _. REPORT ON PRESENCE OF RUSSIAN MILITARY FORCES IN OTHER FOREIGN
COUNTRIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
appropriate congressional committees a report that contains the
following:
(1) A list of foreign countries that have consented
to host military forces of Russia, including a
description of--
(A) any agreement between each country and
Russia to host such forces;
(B) the number of Russian military forces
that are present in each country;
(C) the location of Russian military forces
that are present in each country;
(D) the types of Russian military force
structures that are present in each country;
(E) the level and type of United States
security assistance provided to each country;
and
(F) any military exercises that Russian
forces have undertaken with each country.
(2) A list of foreign countries with respect to which
Russia has deployed military forces in violation of the
territorial sovereignty of such countries, including a
description of--
(A) the number of Russian military forces
that are present in each country;
(B) the location of Russian military forces
that are present in each country; and
(C) the types of Russian military force
structures that are present in each country.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(3) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
----------
85. An Amendment To Be Offered by Representative Cohen of Tennessee or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title X, insert the following:
SEC. 10__. DEPARTMENT OF DEFENSE AUDIT REMEDIATION PLAN.
Section 240g(a) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new
paragraphs:
``(4) the amount spent by the Department on operating
and maintaining financial management systems during the
preceding five fiscal years; and
``(5) the amount spent by the Department on acquiring
or developing new financial management systems during
such five fiscal years.''.
----------
86. An Amendment To Be Offered by Representative Cohen of Tennessee or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVII, add the following:
SEC. 17___. GAO STUDY ON THE SCHOOL-TO-PRISON PIPELINE.
(a) In General.--The Comptroller General of the United States
shall conduct a study on the school to prison pipeline in order
to--
(1) highlight this issue;
(2) offer proof of concept to States that evidence-
based interventions, such as restorative practices,
are--
(A) more effective than punitive,
exclusionary measures;
(B) improve student achievement; and
(C) enhance public safety and student-well-
being; and
(3) determine the long-term benefits of replacing a
punitive approach to discipline with restorative
practices in schools, by analyzing the potential
savings generated by helping children stay in school
and out of the criminal justice system.
(b) Cost-benefit Analysis.--The study conducted under
subsection (a) shall include a cost-benefit analysis to
determine the effectiveness and impact of school resource
officers and local law enforcement personnel on school climate
and student discipline.
(c) Report.--Upon the conclusion of the study under
subsection (a), the Comptroller General of the United States
shall prepare and submit to Congress a report regarding the
study and the conclusions and recommendations generated from
the study.
----------
87. An Amendment To Be Offered by Representative Cole of Oklahoma or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title VII, add the following new
section:
SEC. 705. EXPANSION OF BENEFITS AVAILABLE UNDER TRICARE EXTENDED CARE
HEALTH OPTION PROGRAM.
(a) Extended Benefits for Eligible Dependents.--Subsection
(e) of section 1079 of title 10, United States Code, is amended
to read as follows:
``(e)(1) Extended benefits for eligible dependents under
subsection (d) may include comprehensive health care services
(including services necessary to maintain, or minimize or
prevent deterioration of, function of the patient) and case
management services with respect to the qualifying condition of
such a dependent, and include, to the extent such benefits are
not provided under provisions of this chapter other than under
this section, the following:
``(A) Diagnosis and screening.
``(B) Inpatient, outpatient, and comprehensive home
health care supplies and services which may include
cost effective and medically appropriate services other
than part-time or intermittent services (within the
meaning of such terms as used in the second sentence of
section 1861(m) of the Social Security Act).
``(C) Rehabilitation and habilitation services and
devices.
``(D) Institutional care in private nonprofit,
public, and State institutions and facilities and, if
appropriate, transportation to and from such
institutions and facilities.
``(E) Custodial care, notwithstanding the prohibition
in section 1077(b)(1) of this title.
``(F) In accordance with paragraph (2), respite care
for the primary caregiver of the eligible dependent.
``(G) In accordance with paragraph (3), service and
modification of durable equipment and assistive
technology devices.
``(H) Special education.
``(I) Vocational training, which may be furnished to
an eligible dependent in the residence of the eligible
dependent or at a facility in which such training is
provided.
``(J) In accordance with paragraph (4), adaptations
to the private residence and vehicle of the eligible
dependent.
``(K) Such other services and supplies as determined
appropriate by the Secretary, notwithstanding the
limitations in subsection (a)(12).
``(2) Respite care under paragraph (1)(F) shall be provided
subject to the following conditions:
``(A) Pursuant to regulations prescribed by the
Secretary for purposes of this paragraph, such respite
care shall be limited to--
``(i) 50 hours per month for a primary
caregiver not covered by clause (ii); or
``(ii) 40 hours per week for cases where the
Secretary determines that the plan of care for
the eligible dependent includes frequent
interventions by the primary caregiver.
``(B) Unused hours of respite care may not be carried
over to another month.
``(C) Such respite care may be provided to an
eligible beneficiary regardless of whether the eligible
beneficiary is receiving another benefit under this
subsection.
``(3)(A) Service and modification of durable equipment and
assistive technology devices under paragraph (1)(G) may be
provided only upon determination by the Secretary that the
service or modification is necessary for the use of such
equipment or device by the eligible dependent.
``(B) Service and modification of durable equipment and
assistive technology devices under such paragraph may not be
provided--
``(i) in the case of misuse, loss, or theft of the
equipment or device; or
``(ii) for a deluxe, luxury, or immaterial feature of
the equipment or device, as determined by the
Secretary.
``(C) Service and modification of durable equipment and
assistive technology devices under such paragraph may include
training of the eligible dependent and immediate family members
of the eligible dependent on the use of the equipment or
device.
``(4)(A) Adaptations to the private residence and vehicle of
the eligible dependent under paragraph (1)(J) may be provided
if such adaptations--
``(i) are determined to be medically necessary by the
provider responsible for the care of the eligible
dependent with respect to the qualifying condition; and
``(ii) are necessary to assist in--
``(I) the reduction of the disabling effects
of the qualifying condition; or
``(II) maintenance of the present
functionality of the eligible dependent.
``(B) With respect to a vehicle, adaptations may be provided
under such paragraph if the vehicle is the primary means of
transportation of the eligible dependent.''.
(b) Conforming Amendment.--Subsection (f) of such section is
amended by striking ``paragraph (3) or (4) of subsection (e)''
each place it appears and inserting ``subparagraph (C), (D),
(G), (H), or (I) of subsection (e)(1)''.
(c) Additional Requirements in Office of Special Needs Annual
Report.--Section 1781c(g)(2) of title 10, United States Code,
is amended--
(1) by redesignating subparagraph (C) as subparagraph
(D); and
(2) by inserting after subparagraph (B) the following
new subparagraph (C):
``(C) With respect to the Extended Care Health Option
program under section 1079(d) of ths title--
``(i) the utilization rates of services under
such program by eligible dependents (as such
term is defined in such section) during the
prior year;
``(ii) a description of gaps in such
services, as ascertained by the Secretary from
information provided by families of eligible
dependents;
``(iii) an assessment of factors that prevent
knowledge of and access to such program,
including a discussion of actions the Secretary
may take to address these factors; and
``(iv) an assessment of the average wait time
for an eligible dependent enrolled in the
program to access alternative health coverage
for a qualifying condition (as such term is
defined in such section), including a
discussion of any adverse health outcomes
associated with such wait.''.
(d) Comptroller General Report.--The Comptroller General of
the United States shall submit to Congress a report containing
a study on caregiving available through programs such as State
Home and Community Based Services and the Program of
Comprehensive Assistance for Family Caregivers of the
Department of Veterans Affairs under section 1720G of title 38,
United States Code. The report shall--
(1) include input from payers, administrators,
consumers, and advocates in order to analyze best
practices for administering programs to support
caregivers of individuals with intellectual or physical
disabilities; and
(2) compare the provision of respite and related care
through the Extended Care Health Option program under
section 1079(d) of title 10, United States Code, to
recognized best practices and, if needed, make
recommendations for improvement.
(e) Effective Date.--The amendments made by this section
shall take effect October 1, 2020.
(f) Funding.--
(1) Increase.--Notwithstanding the amounts set forth
in the funding tables in division D, the amount
authorized to be appropriated in section 1405 for the
Defense Health Program, as specified in the
corresponding funding table in section 4501, for
Defense Health Program, In-House Care, is hereby
increased by $15,000,000.
(2) Offset.--Notwithstanding the amounts set forth in
the funding tables in division D, the amount authorized
to be appropriated in section 1405 for the Defense
Health Program, as specified in the corresponding
funding table in section 4501, for Defense Health
Program, Private Sector Care, is hereby reduced by
$15,000,000.
----------
88. An Amendment To Be Offered by Representative Collins of Georgia or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title VII, add the following new
section:
SEC. 7__. PROVISION OF HEARING AIDS FOR DEPENDENTS OF CERTAIN MEMBERS
OF THE RESERVE COMPONENTS.
Section 1077(g) of title 10, United States Code, is amended--
(1) by striking ``In addition'' and inserting ``(1)
In addition''; and
(2) by adding at the end the following new paragraph:
``(2) For purposes of providing hearing aids under subsection
(a)(16), a dependent of a member of the reserve components who
is enrolled in the TRICARE program under section 1076d of this
title shall be deemed to be a dependent of a member of the
uniformed services on active duty.''.
----------
89. An Amendment To Be Offered by Representative Connolly of Virginia
or His Designee, Debatable for 10 Minutes
Page 1115, after line 5, insert the following new section
(and amend the table of contents accordingly):
SEC. 1762. FEDRAMP AUTHORIZATION ACT.
(a) Short Title.--This section may be cited as the ``Federal
Risk and Authorization Management Program Authorization Act of
2020'' or the ``FedRAMP Authorization Act''.
(b) Codification of the FedRAMP Program.--
(1) Amendment.--Chapter 36 of title 44, United States
Code, is amended by adding at the end the following new
sections:
``Sec. 3607. Federal Risk and Authorization Management Program
``(a) Establishment.--There is established within the General
Services Administration the Federal Risk and Authorization
Management Program. The Administrator of General Services, in
accordance with the guidelines established pursuant to section
3612, shall establish a governmentwide program that provides
the authoritative standardized approach to security assessment
and authorization for cloud computing products and services
that process unclassified information used by agencies.
``(b) Components of Fedramp.--The Joint Authorization Board
and the FedRAMP Program Management Office are established as
components of FedRAMP.
``Sec. 3608. FedRAMP Program Management Office
``(a) GSA Duties.--
``(1) Roles and responsibilities.--The Administrator
of General Services shall--
``(A) determine the categories and
characteristics of cloud computing information
technology goods or services that are within
the jurisdiction of FedRAMP and that require
FedRAMP authorization from the Joint
Authorization Board or the FedRAMP Program
Management Office;
``(B) develop, coordinate, and implement a
process for the FedRAMP Program Management
Office, the Joint Authorization Board, and
agencies to review security assessments of
cloud computing services pursuant to
subsections (b) and (c) of section 3611, and
appropriate oversight of continuous monitoring
of cloud computing services; and
``(C) ensure the continuous improvement of
FedRAMP.
``(2) Implementation.--The Administrator shall
oversee the implementation of FedRAMP, including--
``(A) appointing a Program Director to
oversee the FedRAMP Program Management Office;
``(B) hiring professional staff as may be
necessary for the effective operation of the
FedRAMP Program Management Office, and such
other activities as are essential to properly
perform critical functions;
``(C) entering into interagency agreements to
detail personnel on a reimbursable or non-
reimbursable basis to assist the FedRAMP
Program Management Office and the Joint
Authorization Board in discharging the
responsibilities of the Office under this
section; and
``(D) such other actions as the Administrator
may determine necessary to carry out this
section.
``(b) Duties.--The FedRAMP Program Management Office shall
have the following duties:
``(1) Provide guidance to independent assessment
organizations, validate the independent assessments,
and apply the requirements and guidelines adopted in
section 3609(c)(5).
``(2) Oversee and issue guidelines regarding the
qualifications, roles, and responsibilities of
independent assessment organizations.
``(3) Develop templates and other materials to
support the Joint Authorization Board and agencies in
the authorization of cloud computing services to
increase the speed, effectiveness, and transparency of
the authorization process, consistent with standards
defined by the National Institute of Standards and
Technology.
``(4) Establish and maintain a public comment process
for proposed guidance before the issuance of such
guidance by FedRAMP.
``(5) Issue FedRAMP authorization for any
authorizations to operate issued by an agency that
meets the requirements and guidelines described in
paragraph (1).
``(6) Establish frameworks for agencies to use
authorization packages processed by the FedRAMP Program
Management Office and Joint Authorization Board.
``(7) Coordinate with the Secretary of Defense and
the Secretary of Homeland Security to establish a
framework for continuous monitoring and reporting
required of agencies pursuant to section 3553.
``(8) Establish a centralized and secure repository
to collect and share necessary data, including security
authorization packages, from the Joint Authorization
Board and agencies to enable better sharing and reuse
to such packages across agencies.
``(c) Evaluation of Automation Procedures.--
``(1) In general.--The FedRAMP Program Management
Office shall assess and evaluate available automation
capabilities and procedures to improve the efficiency
and effectiveness of the issuance of provisional
authorizations to operate issued by the Joint
Authorization Board and FedRAMP authorizations,
including continuous monitoring of cloud environments
and among cloud environments.
``(2) Means for automation.--Not later than 1 year
after the date of the enactment of this section and
updated annually thereafter, the FedRAMP Program
Management Office shall establish a means for the
automation of security assessments and reviews.
``(d) Metrics for Authorization.--The FedRAMP Program
Management Office shall establish annual metrics regarding the
time and quality of the assessments necessary for completion of
a FedRAMP authorization process in a manner that can be
consistently tracked over time in conjunction with the periodic
testing and evaluation process pursuant to section 3554 in a
manner that minimizes the agency reporting burden.
``Sec. 3609. Joint Authorization Board
``(a) Establishment.--There is established the Joint
Authorization Board which shall consist of cloud computing
experts, appointed by the Director in consultation with the
Administrator, from each of the following:
``(1) The Department of Defense.
``(2) The Department of Homeland Security.
``(3) The General Services Administration.
``(4) Such other agencies as determined by the
Director, in consultation with the Administrator.
``(b) Issuance of Provisional Authorizations to Operate.--The
Joint Authorization Board shall conduct security assessments of
cloud computing services and issue provisional authorizations
to operate to cloud service providers that meet FedRAMP
security guidelines set forth in section 3608(b)(1).
``(c) Duties.--The Joint Authorization Board shall--
``(1) develop and make publicly available on a
website, determined by the Administrator, criteria for
prioritizing and selecting cloud computing services to
be assessed by the Joint Authorization Board;
``(2) provide regular updates on the status of any
cloud computing service during the assessment and
authorization process of the Joint Authorization Board;
``(3) review and validate cloud computing services
and independent assessment organization security
packages or any documentation determined to be
necessary by the Joint Authorization Board to evaluate
the system security of a cloud computing service;
``(4) in consultation with the FedRAMP Program
Management Office, serve as a resource for best
practices to accelerate the FedRAMP process;
``(5) establish requirements and guidelines for
security assessments of cloud computing services,
consistent with standards defined by the National
Institute of Standards and Technology, to be used by
the Joint Authorization Board and agencies;
``(6) perform such other roles and responsibilities
as the Administrator may assign, in consultation with
the FedRAMP Program Management Office and members of
the Joint Authorization Board; and
``(7) establish metrics and goals for reviews and
activities associated with issuing provisional
authorizations to operate and provide to the FedRAMP
Program Management Office.
``(d) Determinations of Demand for Cloud Computing
Services.--The Joint Authorization Board shall consult with the
Chief Information Officers Council established in section 3603
to establish a process for prioritizing and accepting the cloud
computing services to be granted a provisional authorization to
operate through the Joint Authorization Board, which shall be
made available on a public website.
``(e) Detail of Personnel.--To assist the Joint Authorization
Board in discharging the responsibilities under this section,
personnel of agencies may be detailed to the Joint
Authorization Board for the performance of duties described
under subsection (c).
``Sec. 3610. Independent assessment organizations
``(a) Requirements for Accreditation.--The Joint
Authorization Board shall determine the requirements for
certification of independent assessment organizations pursuant
to section 3609. Such requirements may include developing or
requiring certification programs for individuals employed by
the independent assessment organizations who lead FedRAMP
assessment teams.
``(b) Assessment.--Accredited independent assessment
organizations may assess, validate, and attest to the quality
and compliance of security assessment materials provided by
cloud service providers.
``Sec. 3611. Roles and responsibilities of agencies
``(a) In General.--In implementing the requirements of
FedRAMP, the head of each agency shall, consistent with
guidance issued by the Director pursuant to section 3612--
``(1) create policies to ensure cloud computing
services used by the agency meet FedRAMP security
requirements and other risk-based performance
requirements as defined by the Director;
``(2) issue agency-specific authorizations to operate
for cloud computing services in compliance with section
3554;
``(3) confirm whether there is a provisional
authorization to operate in the cloud security
repository established under section 3608(b)(10) issued
by the Joint Authorization Board or a FedRAMP
authorization issued by the FedRAMP Program Management
Office before beginning an agency authorization for a
cloud computing product or service;
``(4) to the extent practicable, for any cloud
computing product or service the agency seeks to
authorize that has received either a provisional
authorization to operate by the Joint Authorization
Board or a FedRAMP authorization by the FedRAMP Program
Management Office, use the existing assessments of
security controls and materials within the
authorization package; and
``(5) provide data and information required to the
Director pursuant to section 3612 to determine how
agencies are meeting metrics as defined by the FedRAMP
Program Management Office.
``(b) Submission of Policies Required.--Not later than 6
months after the date of the enactment of this section, the
head of each agency shall submit to the Director the policies
created pursuant to subsection (a)(1) for review and approval.
``(c) Submission of Authorizations To Operate Required.--Upon
issuance of an authorization to operate or a provisional
authorization to operate issued by an agency, the head of each
agency shall provide a copy of the authorization to operate
letter and any supplementary information required pursuant to
section 3608(b) to the FedRAMP Program Management Office.
``(d) Presumption of Adequacy.--
``(1) In general.--The assessment of security
controls and materials within the authorization package
for provisional authorizations to operate issued by the
Joint Authorization Board and agency authorizations to
operate that receive FedRAMP authorization from the
FedRAMP Program Management Office shall be presumed
adequate for use in agency authorizations of cloud
computing products and services.
``(2) Information security requirements.--The
presumption under paragraph (1) does not modify or
alter the responsibility of any agency to ensure
compliance with subchapter II of chapter 35 for any
cloud computing products or services used by the
agency.
``Sec. 3612. Roles and responsibilities of the Office of Management and
Budget
``The Director shall have the following duties:
``(1) Issue guidance to ensure that an agency does
not operate a Federal Government cloud computing
service using Government data without an authorization
to operate issued by the agency that meets the
requirements of subchapter II of chapter 35 and
FedRAMP.
``(2) Ensure agencies are in compliance with any
guidance or other requirements issued related to
FedRAMP.
``(3) Review, analyze, and update guidance on the
adoption, security, and use of cloud computing services
used by agencies.
``(4) Ensure the Joint Authorization Board is in
compliance with section 3609(c).
``(5) Adjudicate disagreements between the Joint
Authorization Board and cloud service providers seeking
a provisional authorization to operate through the
Joint Authorization Board.
``(6) Promulgate regulations on the role of FedRAMP
authorization in agency acquisition of cloud computing
products and services that process unclassified
information.
``Sec. 3613. Authorization of appropriations for FEDRAMP
``There is authorized to be appropriated $20,000,000 each
year for the FedRAMP Program Management Office and the Joint
Authorization Board.
``Sec. 3614. Reports to Congress
``Not later than 12 months after the date of the enactment of
this section, and annually thereafter, the Director shall
submit to the Committee on Oversight and Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that includes the
following:
``(1) The status, efficiency, and effectiveness of
FedRAMP Program Management Office and agencies during
the preceding year in supporting the speed,
effectiveness, sharing, reuse, and security of
authorizations to operate for cloud computing products
and services, including progress towards meeting the
metrics adopted by the FedRAMP Program Management
Office pursuant to section 3608(d) and the Joint
Authorization Board pursuant to section 3609(c)(5).
``(2) Data on agency use of provisional
authorizations to operate issued by the Joint
Authorization Board and agency sponsored authorizations
that receive FedRAMP authorization by the FedRAMP
Program Management Office.
``(3) The length of time for the Joint Authorization
Board to review applications for and issue provisional
authorizations to operate.
``(4) The length of time for the FedRAMP Program
Management Office to review agency applications for and
issue FedRAMP authorization.
``(5) The number of provisional authorizations to
operate issued by the Joint Authorization Board and
FedRAMP authorizations issued by the FedRAMP Program
Management Office for the previous year.
``(6) A review of progress made during the preceding
year in advancing automation techniques to securely
automate FedRAMP processes and to accelerate reporting
as described in this section.
``(7) The number and characteristics of authorized
cloud computing services in use at each agency
consistent with guidance provided by the Director in
section 3612.
``Sec. 3615. Federal Secure Cloud Advisory Committee
``(a) Establishment, Purposes, and Duties.--
``(1) Establishment.--There is established a Federal
Secure Cloud Advisory Committee (referred to in this
section as the `Committee') to ensure effective and
ongoing coordination of agency adoption, use,
authorization, monitoring, acquisition, and security of
cloud computing products and services to enable agency
mission and administrative priorities.
``(2) Purposes.--The purposes of the Committee are
the following:
``(A) To examine the operations of FedRAMP
and determine ways that authorization processes
can continuously be improved, including the
following:
``(i) Measures to increase agency re-
use of provisional authorizations to
operate issued by the Joint
Authorization Board.
``(ii) Proposed actions that can be
adopted to reduce the cost of
provisional authorizations to operate
and FedRAMP authorizations for cloud
service providers.
``(iii) Measures to increase the
number of provisional authorizations to
operate or FedRAMP authorizations for
cloud computing services offered by
small businesses (as defined by section
3(a) of the Small Business Act (15
U.S.C. 632(a)).
``(B) Collect information and feedback on
agency compliance with and implementation of
FedRAMP requirements.
``(C) Serve as a forum that facilitates
communication and collaboration among the
FedRAMP stakeholder community.
``(3) Duties.--The duties of the Committee are, at a
minimum, the following:
``(A) Provide advice and recommendations to
the Administrator, the Joint Authorization
Board, and to agencies on technical, financial,
programmatic, and operational matters regarding
secure adoption of cloud computing services.
``(B) Submit reports as required.
``(b) Members.--
``(1) Composition.--The Committee shall be comprised
of not more than 15 members who are qualified
representatives from the public and private sectors,
appointed by the Administrator, in consultation with
the Administrator of the Office of Electronic
Government, as follows:
``(A) The Administrator or the
Administrator's designee, who shall be the
Chair of the Committee.
``(B) At least one representative each from
the Cybersecurity and Infrastructure Security
Agency and the National Institute of Standards
and Technology.
``(C) At least two officials who serve as the
Chief Information Security Officer within an
agency, who shall be required to maintain such
a position throughout the duration of their
service on the Committee.
``(D) At least one official serving as Chief
Procurement Officer (or equivalent) in an
agency, who shall be required to maintain such
a position throughout the duration of their
service on the Committee.
``(E) At least one individual representing an
independent assessment organization.
``(F) No fewer than five representatives from
unique businesses that primarily provide cloud
computing services or products, including at
least two representatives from a small business
(as defined by section 3(a) of the Small
Business Act (15 U.S.C. 632(a))).
``(G) At least two other government
representatives as the Administrator determines
to be necessary to provide sufficient balance,
insights, or expertise to the Committee.
``(2) Deadline for appointment.--Each member of the
Committee shall be appointed not later than 30 days
after the date of the enactment of this Act.
``(3) Period of appointment; vacancies.--
``(A) In general.--Each non-Federal member of
the Committee shall be appointed for a term of
3 years, except that the initial terms for
members may be staggered 1, 2, or 3 year terms
to establish a rotation in which one-third of
the members are selected each year. Any such
member may be appointed for not more than 2
consecutive terms.
``(B) Vacancies.--Any vacancy in the
Committee shall not affect its powers, but
shall be filled in the same manner in which the
original appointment was made. Any member
appointed to fill a vacancy occurring before
the expiration of the term for which the
member's predecessor was appointed shall be
appointed only for the remainder of that term.
A member may serve after the expiration of that
member's term until a successor has taken
office.
``(c) Meetings and Rules of Procedures.--
``(1) Meetings.--The Committee shall hold not fewer
than three meetings in a calendar year, at such time
and place as determined by the Chair.
``(2) Initial meeting.--Not later than 120 days after
the date of the enactment of this section, the
Committee shall meet and begin the operations of the
Committee.
``(3) Rules of procedure.--The Committee may
establish rules for the conduct of the business of the
Committee, if such rules are not inconsistent with this
section or other applicable law.
``(d) Employee Status.--
``(1) In general.--A member of the Committee (other
than a member who is appointed to the Committee in
connection with another Federal appointment) shall not
be considered an employee of the Federal Government by
reason of any service as such a member, except for the
purposes of section 5703 of title 5, relating to travel
expenses.
``(2) Pay not permitted.--A member of the Committee
covered by paragraph (1) may not receive pay by reason
of service on the panel.
``(e) Applicability to the Federal Advisory Committee Act.--
Notwithstanding any other provision of law, the Federal
Advisory Committee Act (5 U.S.C. App.) shall apply to the
Committee, except that section 14 of such Act shall not apply.
``(f) Hearings and Evidence.--The Committee, or on the
authority of the Committee, any subcommittee, may, for the
purposes of carrying out this section, hold hearings, sit and
act at such times and places, take testimony, receive evidence,
and administer oaths.
``(g) Contracting.--The Committee, may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Committee to discharge its duties under
this section.
``(h) Information From Federal Agencies.--
``(1) In general.--The Committee is authorized to
secure directly from any executive department, bureau,
agency, board, commission, office, independent
establishment, or instrumentality of the Government,
information, suggestions, estimates, and statistics for
the purposes of the Committee. Each department, bureau,
agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent
authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Committee, upon request made by the Chair, the Chair of
any subcommittee created by a majority of the
Committee, or any member designated by a majority of
the Committee.
``(2) Receipt, handling, storage, and
dissemination.--Information may only be received,
handled, stored, and disseminated by members of the
Committee and its staff consistent with all applicable
statutes, regulations, and Executive orders.
``(i) Detail of Employees.--Any Federal Government employee
may be detailed to the Committee without reimbursement from the
Committee, and such detailee shall retain the rights, status,
and privileges of his or her regular employment without
interruption.
``(j) Postal Services.--The Committee may use the United
States mails in the same manner and under the same conditions
as agencies.
``(k) Expert and Consultant Services.--The Committee is
authorized to procure the services of experts and consultants
in accordance with section 3109 of title 5, but at rates not to
exceed the daily rate paid a person occupying a position at
Level IV of the Executive Schedule under section 5315 of title
5.
``(l) Reports.--
``(1) Interim reports.--The Committee may submit to
the Administrator and Congress interim reports
containing such findings, conclusions, and
recommendations as have been agreed to by the
Committee.
``(2) Annual reports.--Not later than 18 months after
the date of the enactment of this section, and annually
thereafter, the Committee shall submit to the
Administrator and Congress a final report containing
such findings, conclusions, and recommendations as have
been agreed to by the Committee.
``Sec. 3616. Definitions
``(a) In General.--Except as provided under subsection (b),
the definitions under sections 3502 and 3552 apply to sections
3607 through this section.
``(b) Additional Definitions.--In sections 3607 through this
section:
``(1) Administrator.--The term `Administrator' means
the Administrator of General Services.
``(2) Authorization package.--The term `authorization
package'--
``(A) means the essential information used to
determine whether to authorize the operation of
an information system or the use of a
designated set of common controls; and
``(B) at a minimum, includes the information
system security plan, privacy plan, security
control assessment, privacy control assessment,
and any relevant plans of action and
milestones.
``(3) Cloud computing.--The term `cloud computing'
has the meaning given that term by the National
Institutes of Standards and Technology in NIST Special
Publication 800-145 and any amendatory or superseding
document thereto.
``(4) Cloud service provider.--The term `cloud
service provider' means an entity offering cloud
computing services to agencies.
``(5) Director.--The term `Director' means the
Director of the Office of Management and Budget.
``(6) Fedramp.--The term `FedRAMP' means the Federal
Risk and Authorization Management Program established
under section 3607(a).
``(7) Fedramp authorization.--The term `FedRAMP
authorization' means a cloud computing product or
service that has received an agency authorization to
operate and has been approved by the FedRAMP Program
Management Office to meet requirements and guidelines
established by the FedRAMP Program Management Office.
``(8) Fedramp program management office.--The term
`FedRAMP Program Management Office' means the office
that administers FedRAMP established under section
3608.
``(9) Independent assessment organization.--The term
`independent assessment organization' means a third-
party organization accredited by the Program Director
of the FedRAMP Program Management Office to undertake
conformity assessments of cloud service providers.
``(10) Joint authorization board.--The term `Joint
Authorization Board' means the Joint Authorization
Board established under section 3609.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 36 of title 44, United States
Code, is amended by adding at the end the following new
items:
``3607. Federal Risk and Authorization Management Program.
``3608. FedRAMP Program Management Office.
``3609. Joint Authorization Board.
``3610. Independent assessment organizations.
``3611. Roles and responsibilities of agencies.
``3612. Roles and responsibilities of the Office of Management and
Budget.
``3613. Authorization of appropriations for FEDRAMP.
``3614. Reports to Congress.
``3615. Federal Secure Cloud Advisory Committee.
``3616. Definitions.''.
(3) Sunset.--This section and any amendment made by
this section shall be repealed on the date that is 10
years after the date of the enactment of this section.
(4) Rule of construction.--Nothing in this section or
any amendment made by this section shall be construed
as altering or impairing the authorities of the
Director of the Office of Management and Budget or the
Secretary of Homeland Security under subchapter II of
chapter 35 of title 44, United States Code.
----------
90. An Amendment To Be Offered by Representative Connolly of Virginia
or His Designee, Debatable for 10 Minutes
At the end of title XII of division A, add the following:
Subtitle H--Global Health Security Act of 2020
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the ``Global Health Security
Act of 2020''.
SEC. 1282. GLOBAL HEALTH SECURITY AGENDA INTERAGENCY REVIEW COUNCIL.
(a) Establishment.--The President shall establish a Global
Health Security Agenda Interagency Review Council (in this
section referred to as the ``Council'') to perform the general
responsibilities described in subsection (c) and the specific
roles and responsibilities described in subsection (e).
(b) Meetings.--The Council shall meet not less than four
times per year to advance its mission and fulfill its
responsibilities.
(c) General Responsibilities.--The Council shall be
responsible for the following activities:
(1) Provide policy-level recommendations to
participating agencies on Global Health Security Agenda
(GHSA) goals, objectives, and implementation.
(2) Facilitate interagency, multi-sectoral engagement
to carry out GHSA implementation.
(3) Provide a forum for raising and working to
resolve interagency disagreements concerning the GHSA.
(4)(A) Review the progress toward and work to resolve
challenges in achieving United States commitments under
the GHSA, including commitments to assist other
countries in achieving the GHSA targets.
(B) The Council shall consider, among other issues,
the following:
(i) The status of United States financial
commitments to the GHSA in the context of
commitments by other donors, and the
contributions of partner countries to achieve
the GHSA targets.
(ii) The progress toward the milestones
outlined in GHSA national plans for those
countries where the United States Government
has committed to assist in implementing the
GHSA and in annual work-plans outlining agency
priorities for implementing the GHSA.
(iii) The external evaluations of United
States and partner country capabilities to
address infectious disease threats, including
the ability to achieve the targets outlined
within the WHO Joint External Evaluation (JEE)
tool, as well as gaps identified by such
external evaluations.
(d) Participation.--The Council shall consist of
representatives, serving at the Assistant Secretary level or
higher, from the following agencies:
(1) The Department of State.
(2) The Department of Defense.
(3) The Department of Justice.
(4) The Department of Agriculture.
(5) The Department of Health and Human Services.
(6) The Department of Labor.
(7) The Department of Homeland Security.
(8) The Office of Management and Budget.
(9) The United States Agency for International
Development.
(10) The Environmental Protection Agency.
(11) The Centers for Disease Control and Prevention.
(12) The Office of Science and Technology Policy.
(13) The National Institutes of Health.
(14) The National Institute of Allergy and Infectious
Diseases.
(15) Such other agencies as the Council determines to
be appropriate.
(e) Specific Roles and Responsibilities.--
(1) In general.--The heads of agencies described in
subsection (d) shall--
(A) make the GHSA and its implementation a
high priority within their respective agencies,
and include GHSA-related activities within
their respective agencies' strategic planning
and budget processes;
(B) designate a senior-level official to be
responsible for the implementation of this
subtitle;
(C) designate, in accordance with subsection
(d), an appropriate representative at the
Assistant Secretary level or higher to
participate on the Council;
(D) keep the Council apprised of GHSA-related
activities undertaken within their respective
agencies;
(E) maintain responsibility for agency-
related programmatic functions in coordination
with host governments, country teams, and GHSA
in-country teams, and in conjunction with other
relevant agencies;
(F) coordinate with other agencies that are
identified in this section to satisfy
programmatic goals, and further facilitate
coordination of country teams, implementers,
and donors in host countries; and
(G) coordinate across GHSA national plans and
with GHSA partners to which the United States
is providing assistance.
(2) Additional roles and responsibilities.--In
addition to the roles and responsibilities described in
paragraph (1), the heads of agencies described in
subsection (d) shall carry out their respective roles
and responsibilities described in subsections (b)
through (i) of section 3 of Executive Order 13747 (81
Fed. Reg. 78701; relating to Advancing the Global
Health Security Agenda to Achieve a World Safe and
Secure from Infectious Disease Threats), as in effect
on the day before the date of the enactment of this
Act.
SEC. 1283. UNITED STATES COORDINATOR FOR GLOBAL HEALTH SECURITY.
(a) Sense of Congress.--It is the sense of the Congress that,
given the complex and multisectoral nature of global health
threats to the United States, the President should consider
appointing an individual with significant background and
expertise in public health or emergency response management to
the position of United States Coordinator for Global Health
Security, as required by subsection (b), who is an employee of
the National Security Council at the level of Deputy Assistant
to the President or higher.
(b) In General.--The President shall appoint an individual to
the position of United States Coordinator for Global Health
Security, who shall be responsible for the coordination of the
interagency process for responding to global health security
emergencies. As appropriate, the designee shall coordinate with
the President's Special Coordinator for International Disaster
Assistance.
(c) Congressional Briefing.--Not less frequently than twice
each year, the employee designated under this section shall
provide to the appropriate congressional committees a briefing
on the responsibilities and activities of the individual under
this section.
SEC. 1284. STRATEGY AND REPORTS.
(a) Sense of Congress.--It is the sense of the Congress that,
given the complex and multisectoral nature of global health
threats to the United States, the President, in providing
assistance to implement the strategy required under subsection
(c), should--
(1) coordinate, through a whole-of-government
approach, the efforts of relevant Federal departments
and agencies to implement the strategy;
(2) seek to fully utilize the unique capabilities of
each relevant Federal department and agency while
collaborating with and leveraging the contributions of
other key stakeholders; and
(3) utilize open and streamlined solicitations to
allow for the participation of a wide range of
implementing partners through the most appropriate
procurement mechanisms, which may include grants,
contracts, cooperative agreements, and other
instruments as necessary and appropriate.
(b) Statement of Policy.--It is the policy of the United
States to--
(1) promote global health security as a core national
security interest;
(2) advance the aims of the Global Health Security
Agenda;
(3) collaborate with other countries to detect and
mitigate outbreaks early to prevent the spread of
disease;
(4) encourage other countries to invest in basic
resilient and sustainable health care systems; and
(5) strengthen global health security across the
intersection of human and animal health to prevent
infectious disease outbreaks and combat the growing
threat of antimicrobial resistance.
(c) Strategy.--The United States Coordinator for Global
Health Security (appointed under section 1283(b)) shall
coordinate the development and implementation of a strategy to
implement the policy aims described in subsection (b), which
shall--
(1) set specific and measurable goals, benchmarks,
timetables, performance metrics, and monitoring and
evaluation plans that reflect international best
practices relating to transparency, accountability, and
global health security;
(2) support and be aligned with country-owned global
health security policy and investment plans developed
with input from key stakeholders, as appropriate;
(3) facilitate communication and collaboration, as
appropriate, among local stakeholders in support of a
multi-sectoral approach to global health security;
(4) support the long-term success of programs by
building the capacity of local organizations and
institutions in target countries and communities;
(5) develop community resilience to infectious
disease threats and emergencies;
(6) leverage resources and expertise through
partnerships with the private sector, health
organizations, civil society, nongovernmental
organizations, and health research and academic
institutions; and
(7) support collaboration, as appropriate, between
United States universities, and public and private
institutions in target countries and communities to
promote health security and innovation.
(d) Coordination.--The President, acting through the United
States Coordinator for Global Health Security, shall
coordinate, through a whole-of-government approach, the efforts
of relevant Federal departments and agencies in the
implementation of the strategy required under subsection (c)
by--
(1) establishing monitoring and evaluation systems,
coherence, and coordination across relevant Federal
departments and agencies; and
(2) establishing platforms for regular consultation
and collaboration with key stakeholders and the
appropriate congressional committees.
(e) Strategy Submission.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the President, in
consultation with the head of each relevant Federal
department and agency, shall submit to the appropriate
congressional committees the strategy required under
subsection (c) that provides a detailed description of
how the United States intends to advance the policy set
forth in subsection (b) and the agency-specific plans
described in paragraph (2).
(2) Agency-specific plans.--The strategy required
under subsection (c) shall include specific
implementation plans from each relevant Federal
department and agency that describes--
(A) the anticipated contributions of the
department or agency, including technical,
financial, and in-kind contributions, to
implement the strategy; and
(B) the efforts of the department or agency
to ensure that the activities and programs
carried out pursuant to the strategy are
designed to achieve maximum impact and long-
term sustainability.
(f) Report.--
(1) In general.--Not later than 1 year after the date
on which the strategy required under subsection (c) is
submitted to the appropriate congressional committees
under subsection (e), and not later than October 1 of
each year thereafter, the President shall submit to the
appropriate congressional committees a report that
describes the status of the implementation of the
strategy.
(2) Contents.--The report required under paragraph
(1) shall--
(A) identify any substantial changes made in
the strategy during the preceding calendar
year;
(B) describe the progress made in
implementing the strategy;
(C) identify the indicators used to establish
benchmarks and measure results over time, as
well as the mechanisms for reporting such
results in an open and transparent manner;
(D) contain a transparent, open, and detailed
accounting of expenditures by relevant Federal
departments and agencies to implement the
strategy, including, to the extent practicable,
for each Federal department and agency, the
statutory source of expenditures, amounts
expended, partners, targeted populations, and
types of activities supported;
(E) describe how the strategy leverages other
United States global health and development
assistance programs;
(F) assess efforts to coordinate United
States global health security programs,
activities, and initiatives with key
stakeholders;
(G) incorporate a plan for regularly
reviewing and updating strategies,
partnerships, and programs and sharing lessons
learned with a wide range of stakeholders,
including key stakeholders, in an open,
transparent manner; and
(H) describe the progress achieved and
challenges concerning the United States
Government's ability to advance the Global
Health Security Agenda across priority
countries, including data disaggregated by
priority country using indicators that are
consistent on a year-to-year basis and
recommendations to resolve, mitigate, or
otherwise address the challenges identified
therein.
(g) Form.--The strategy required under subsection (c) and the
report required under subsection (f) shall be submitted in
unclassified form but may contain a classified annex.
SEC. 1285. COMPLIANCE WITH THE FOREIGN AID TRANSPARENCY AND
ACCOUNTABILITY ACT OF 2016.
Section 2(3) of the Foreign Aid Transparency and
Accountability Act of 2016 (Public Law 114-191; 22 U.S.C. 2394c
note) is amended--
(1) in subparagraph (C), by striking ``and'' at the
end;
(2) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following:
``(E) the Global Health Security Act of
2020.''.
SEC. 1286. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
(2) Global health security.--The term ``global health
security'' means activities supporting epidemic and
pandemic preparedness and capabilities at the country
and global levels in order to minimize vulnerability to
acute public health events that can endanger the health
of populations across geographical regions and
international boundaries.
SEC. 1287. SUNSET.
This subtitle, and the amendments made by this subtitle,
(other than section 1283) shall cease to be effective on
December 31, 2024.
----------
91. An Amendment To Be Offered by Representative Connolly of Virginia
or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title V, add the following new
section:
SEC. 5__. AVAILABILITY OF RECORDS FOR NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM.
Section 101(b) of the NICS Improvement Amendments Act of 2007
(34 U.S.C. 40911(b)) is amended--
(1) by redesignating paragraph (2) as paragraph (3);
and
(2) by inserting after paragraph (1), the following
new paragraph (2):
``(2) Department of defense.--Not later than three
business days after the final disposition of a judicial
proceeding conducted within the Department of Defense,
the Secretary of Defense shall make available to the
Attorney General records which are relevant to a
determination of whether a member of the Armed Forces
involved in such proceeding is disqualified from
possessing or receiving a firearm under subsection (g)
or (n) of section 922 of title 18, United States Code,
for use in background checks performed by the National
Instant Criminal Background Check System.''.
----------
92. An Amendment To Be Offered by Representative Connolly of Virginia
or His Designee, Debatable for 10 Minutes
Page 565, line 12, insert ``(at any tier)'' after
``subcontractor''.
Page 565, beginning line 12, insert ``(at any tier)'' after
``subgrantee''.
Page 567, line 15, insert ``(at any tier)'' after
``subcontractor''.
Page 567, beginning line 15, insert ``(at any tier)'' after
``subgrantee''.
Page 568, after line 4, insert the following new subsection:
(e) Clarification of Whistleblower Protection for
Subcontractors and Subgrantees.--
(1) Department of defense contractors.--Section 2409
of title 10, United States Code, is amended--
(A) in subsection (a)(2)(G), by striking ``or
subcontractor'' and inserting ``subcontractor,
grantee, or subgrantee'';
(B) in subsection (b)(1), by striking ``to
the person'' and all that follows through the
period at the end and inserting ``to--
``(A) the person;
``(B) the contractor, subcontractor, grantee, or
subgrantee concerned; and
``(C) the head of the agency.'';
(C) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking
``contractor'' and inserting
``contractor, subcontractor,
grantee, or subgrantee''; and
(II) in subparagraphs (A),
(B), and (C), by striking
``contractor'' and inserting
``contractor, subcontractor,
grantee, or subgrantee
concerned''; and
(ii) in paragraph (2), by striking
``contractor'' and inserting
``contractor, subcontractor, grantee,
or subgrantee (as applicable)'';
(D) in subsection (d), by striking ``and
subcontractors'' and inserting
``subcontractors, grantees, and subgrantees'';
and
(E) in subsection (g), by adding at the end
the following new paragraphs:
``(8) The term `subgrantee' includes a subgrantee at
any tier.
``(9) The term `subcontractor' includes a
subcontractor at any tier.''.
(2) Other government contractors.--Section 4712 of
title 41, United States Code, is amended--
(A) in subsection (a)(2)(G), by striking ``or
grantee'' and inserting ``grantee, or
subgrantee'';
(B) in subsection (b)(1), by striking ``to
the person'' and all that follows through the
period at the end and inserting ``to--
``(A) the person;
``(B) the contractor, subcontractor, grantee,
or subgrantee concerned; and
``(C) the head of the agency.'';
(C) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking
``contractor or grantee'' and
inserting ``contractor,
subcontractor, grantee, or
subgrantee''; and
(II) in subparagraphs (A),
(B), and (C), by striking
``contractor or grantee'' and
inserting ``contractor,
subcontractor, grantee, or
subgrantee concerned''; and
(ii) in paragraph (2), by striking
``contractor or grantee'' and inserting
``contractor, subcontractor, grantee,
or subgrantee (as applicable)'';
(D) in subsection (d), by striking ``and
grantees'' and inserting ``grantees, and
subgrantees''; and
(E) in subsection (g), by adding at the end
the following new paragraphs:
``(3) The term `subgrantee' includes a subgrantee at
any tier.
``(4) The term `subcontractor' includes a
subcontractor at any tier.''.
----------
93. An Amendment To Be Offered by Representative Connolly of Virginia
or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XI, add the following:
SEC. 1111. TELEWORK TRAVEL EXPENSES PROGRAM OF THE UNITED STATES PATENT
AND TRADEMARK OFFICE.
(a) In General.--Section 5711 of title 5, United States Code,
is amended--
(1) in the section heading, by striking ``test'';
(2) in subsection (f)--
(A) in paragraph (1)--
(i) in the matter preceding
subparagraph (A), by striking
``committee'' and inserting
``committees''; and
(ii) in subparagraph (B), by striking
``Government'';
(B) in paragraph (2)--
(i) by striking ``test''; and
(ii) by striking ``section, including
the provision of reports in accordance
with subsection (d)(1)'' and inserting
``subsection'';
(C) in paragraph (4)(B), in the matter
preceding clause (i), by inserting ``and
maintain'' after ``develop''; and
(D) in paragraph (5)--
(i) in subparagraph (A), by striking
``test''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) The Director of the Patent and Trademark Office shall
prepare and submit to the appropriate committees of Congress an
annual report on the operation of the program under this
subsection, which shall include--
``(i) the costs and benefits of the program; and
``(ii) an analysis of the effectiveness of the
program, as determined under criteria developed by the
Director.''; and
(3) in subsection (g), by striking ``this section''
and inserting ``subsection (b)''.
(b) Technical and Conforming Amendments.--The table of
sections for subchapter I of chapter 57 of title 5, United
States Code, is amended by striking the item relating to
section 5711 and inserting the following:
``5711. Authority for telework travel expenses programs.''.
----------
94. An Amendment To Be Offered by Representative Cooper of Tennessee or
His Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, insert the following:
SEC. 17__. TAXPAYERS RIGHT-TO-KNOW ACT.
(a) Short Title.--This section may be cited as the
``Taxpayers Right-To-Know Act''.
(b) 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);
``(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.''.
(c) Guidance, Implementation, Reporting, and Review.--
(1) Definitions.--In this subsection--
(A) 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;
(B) the term ``Director'' means the Director
of the Office of Management and Budget;
(C) the term ``program'' has the meaning
given that term in section 1122(a)(1) of title
31, United States Code, as amended by
subsection (b) of this section;
(D) the term ``program activity'' has the
meaning given that term in section 1115(h) of
title 31, United States Code; and
(E) the term ``Secretary'' means the
Secretary of the Treasury.
(2) 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--
(A) includes a plan that--
(i) 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 subsection (b), will
leverage existing data sources while
avoiding duplicative or overlapping
information in presenting information
relating to program activities and
programs;
(ii) indicates how any gaps in data
will be assessed and addressed;
(iii) indicates how the Director will
display such data; and
(iv) discusses how the Director will
expand the information collected with
respect to program activities to
incorporate the information required
under the amendments made by subsection
(b);
(B) sets forth details regarding a pilot
program, developed in accordance with best
practices for effective pilot programs--
(i) to develop and implement a
functional program inventory that could
be limited in scope; and
(ii) under which the information
required under the amendments made by
subsection (b) with respect to program
activities shall be made available on
the website required under section
1122(a) of title 31, United States
Code;
(C) establishes an implementation timeline
for--
(i) gathering and building program
activity information;
(ii) developing and implementing the
pilot program;
(iii) seeking and responding to
stakeholder comments;
(iv) developing and presenting
findings from the pilot program to the
appropriate congressional committees;
(v) notifying the appropriate
congressional committees regarding how
program activities will be aggregated,
disaggregated, or consolidated as part
of identifying programs; and
(vi) implementing a Governmentwide
program inventory through an iterative
approach; and
(D) 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 section.
(3) Implementation.--
(A) 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
subsection (b) with respect to all programs.
(B) 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 subparagraph (A) by not
more than a total of 1 year.
(4) Reporting.--Not later than 2 years after the date
on which the Director makes available online all
information required under the amendments made by
subsection (b) 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 section and the
amendments made by this section, which shall--
(A) 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;
(B) evaluate the extent to which the program
inventory required under section 1122 of title
31, United States Code, as amended by this
section, provides useful information for
transparency, decision-making, and oversight;
(C) evaluate the extent to which the program
inventory provides a coherent picture of the
scope of Federal investments in particular
areas; and
(D) include the recommendations of the
Comptroller General, if any, for improving
implementation of this section and the
amendments made by this section.
(d) Technical and Conforming Amendments.--
(1) In general.--Section 1122 of title 31, United
States Code, is amended--
(A) in subsection (b), in the matter
preceding paragraph (1), by inserting
``described in subsection (a)(2)(A)'' after
``the website'' each place it appears;
(B) in subsection (c), in the matter
preceding paragraph (1), by inserting
``described in subsection (a)(2)(A)'' after
``the website''; and
(C) in subsection (d)--
(i) in the subsection heading, by
striking ``on Website''; and
(ii) in the first sentence, by
striking ``on the website''.
(2) Other amendments.--
(A) 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''.
(B) Section 10 of the GPRA Modernization Act
of 2010 (31 U.S.C. 1115 note) is amended--
(i) in subsection (a)(3), by striking
``the website described under'' and
inserting ``a website described in'';
and
(ii) 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''.
(C) Section 1120(a)(5) of title 31, United
States Code, is amended by striking ``the
website described under'' and inserting ``a
website described in''.
(D) 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''.
(E) Section 3512(a)(1) of title 31, United
States Code, is amended by striking ``the
website described under'' and inserting ``a
website described in''.
----------
95. An Amendment To Be Offered by Representative Correa of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title V, add the following new
section:
SEC. 5__. STUDY AND REPORT ON ROTC RECRUITMENT.
(a) Study.--The Secretary of Defense shall conduct a study
that assesses--
(1) the efforts of the Department of Defense to
recruit individuals to serve in the Junior Reserve
Officers' Training Corps and the Senior Reserve
Officers' Training Corps over the period of 10 years
preceding the date of the study;
(2) whether members of the Armed Forces who served in
the Junior Reserve Officers' Training Corps are more or
less likely than members who served in the Senior
Reserve Officers' Training Corps to achieve or receive
recommendations for higher ranks;
(3) whether there is a correlation between race or
ethnicity and the rank ultimately achieved by such
members; and
(4) the feasibility of establishing a program to
create a pathway for minorities into higher ranks
within the military.
(b) Report.--Not later than December 31, 2022, the Secretary
of Defense shall submit to the congressional defense committee
a report on the results of the study conducted under subsection
(a).
----------
96. An Amendment To Be Offered by Representative Correa of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, insert the following:
SEC. 5__. STUDY REGARDING VA PARTICIPATION IN TAP.
Not later than December 31, 2022, the Secretaries of Defense
and Veterans Affairs shall submit to the congressional defense
committees and the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on the results of
a study on the feasibility of having representatives of the
Department of Veterans Affairs present during counseling
sessions under sections 1142 of title 10, United States Code,
to set up premium eBenefits accounts of the Department of
Veterans Affairs for members of the Armed Forces participating
in the Transition Assistance Program.
----------
97. An Amendment To Be Offered by Representative Cox of California or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVII, insert the following:
SEC. 17__. DEPARTMENT OF VETERANS AFFAIRS REPORT ON UNCLAIMED PROPERTY.
(a) Report Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs
shall submit to Congress a report on the unclaimed property in
the possession of the Department of Veterans Affairs.
(b) Review of Report.--The Comptroller General of the United
States shall conduct a review of the report submitted under
subsection (a).
(c) Unclaimed Property Defined.--The term ``unclaimed
property'' includes any intangible personal property, including
money, liquidated obligations, choses in action, accounts,
entrusted funds, deposits, evidences of debt or instruments
held by any Federal agency, officer or employee thereof (except
bonuses, gratuities, and sums held by the Social Security
Administration), which has remained unclaimed by the owner.
----------
98. An Amendment To Be Offered by Representative Cox of California or
His Designee, Debatable for 10 Minutes
At the appropriate place in title V of the bill, insert the
following:
SEC. 5__. REPORT REGARDING TRANSPORTATION OF REMAINS OF CERTAIN
DECEDENTS BY THE SECRETARY OF A MILITARY
DEPARTMENT.
(a) Report Required.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit a report to Congress regarding the transportation of the
remains of decedents under the jurisdiction of the Secretary of
a military department pursuant to section 1481 of title 10,
United States Code.
(b) Elements.--The report under this section shall include
the following:
(1) Whether the Secretary of Defense maintains of a
list or database of airports that accept remains of
decedents.
(2) How information in the list or database described
in paragraph (1) is transmitted to casualty assistance
call officers.
(3) Regulations and guidance prescribed by the
Secretary of Defense or Secretaries of the military
departments regarding transportation of the remains of
decedents.
(4) Any changes made during 2020 to regulations or
guidance described in paragraph (3) by the Secretary of
the Navy.
(5) Recommendations of the Secretary of Defense to
improve regulations or guidance described in paragraph
(3).
----------
99. An Amendment To Be Offered by Representative Cox of California or
His Designee, Debatable for 10 Minutes
At the appropriate place in title VII, insert the following
new section:
SEC. 7__. REPORT ON COST OF EXTENDING TRICARE COVERAGE TO INDIVIDUALS
PARTICIPATING IN HEALTH PROFESSIONS SCHOLARSHIP AND
FINANCIAL ASSISTANCE PROGRAM.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing an
analysis of the cost of providing coverage and health care
benefits under the TRICARE program to each individual currently
participating in a health professions scholarship and financial
assistance program established pursuant to section 2121 of
title 10, United States Code.
----------
100. An Amendment To Be Offered by Representative Craig of Minnesota or
Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title III, insert the following:
SEC. 3__. FUNDING FOR ARMY COMMUNITY SERVICES.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance for
Army base operations support, line 100, as specified in the
corresponding funding table in section 4301, for Army Community
Services is hereby increased by $30,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, for
Army Force Readiness Operations Support, line 070, as specified
in the corresponding funding table in section 4301, is hereby
reduced by $15,000,000.
(c) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, for
Army Land Forces Operations Support, as specified in the
corresponding funding table in section 4301, line 050, is
hereby reduced by $15,000,000.
----------
101. An Amendment To Be Offered by Representative Crawford of Arkansas
or His Designee, Debatable for 10 Minutes
At the end of subtitle J of title V, add the following new
section:
SEC. 596. POSTPONEMENT OF CONDITIONAL DESIGNATION OF EXPLOSIVE ORDNANCE
DISPOSAL CORPS AS A BASIC BRANCH OF THE ARMY.
Section 582(b) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 763 note) is
amended--
(1) in paragraph (1), by striking ``October 1, 2020''
and inserting ``October 1, 2025''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A),
by striking ``September 30, 2020'' and
inserting ``September 30, 2025'';
(B) in subparagraph (B), by inserting ``, the
explosive ordnance disposal commandant (chief
of explosive ordnance disposal),'' before
``qualified''; and
(C) by adding at the end the following new
subparagraph:
``(G) The explosive ordnance disposal
commandant (chief of explosive ordnance
disposal) has ensured that explosive ordnance
disposal soldiers have the mobility skills
necessary to support special operations forces
(as identified in section 167(j) of title 10,
United States Code). Such skills include
airborne, air assault, combat diver, fast
roping insertion and extraction, helocasting,
military free-fall, and off-road driving.''.
----------
102. An Amendment To Be Offered by Representative Crawford of Arkansas
or His Designee, Debatable for 10 Minutes
At the appropriate place in title X, insert the following:
SEC. 10__. INCLUSION OF EXPLOSIVE ORDNANCE DISPOSAL IN SPECIAL
OPERATIONS ACTIVITIES.
Section 167(k) of title 10, United States Code, is amended--
(1) by redesignating paragraph (10) as paragraph
(11); and
(2) by inserting after paragraph (9) the following
new paragraph (10):
``(10) Explosive ordnance disposal.''.
----------
103. An Amendment To Be Offered by Representative Crawford of Arkansas
or His Designee, Debatable for 10 Minutes
Page 261, line 11, strike ``and acquisition'' and insert
``acquisition, and sustainment''.
Page 261, line 16, strike ``and''.
Page 261, line 20, insert ``and'' after the semicolon.
Page 261, after line 20, insert the following:
``(E) the Assistant Secretary of Defense for
Nuclear, Chemical, and Biological Defense
programs on explosive ordnance disposal for
combating weapons of mass destruction;''.
----------
104. An Amendment To Be Offered by Representative Crawford of Arkansas
or His Designee, Debatable for 10 Minutes
Page 1014, line 12, after the period insert the following:
``In carrying out the study, the federally funded research and
development corporation shall solicit input from relevant
nonprofit organizations, such as the National Defense
Industrial Association EOD Committee, United States Army EOD
Association, United States Bomb Technician Association and the
EOD Warrior Foundation.''
----------
105. An Amendment To Be Offered by Representative Crenshaw of Texas or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title IX, add the following new
section:
SEC. 9__. RANK AND GRADE STRUCTURE OF THE UNITED STATES SPACE FORCE.
The Space Force shall use a system of ranks and grades that
is identical to the system of ranks and grades used by the
Navy.
----------
106. An Amendment To Be Offered by Representative Crist of Florida or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVI, add the following new
section:
SEC. 16__. REPORT ON EFFECT OF COVID-19 ON SPACE INDUSTRIAL BASE AND
SPACE PROGRAMS OF DEPARTMENT OF DEFENSE.
Not later than 120 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 current and
projected effects of COVID-19 on the space industrial base and
the space programs of Department of Defense. The report shall
include an assessment of each of the following:
(1) COVID-19 related and associated impacts to cost,
timeline, and performance to the space industrial base
and the space programs of Department, including with
respect to--
(A) procurement and acquisition;
(B) research, development, test, and
evaluation;
(D) partnerships with non-Federal
governmental entities, such as universities and
not-for-profit organizations; and
(E) labor force disruptions;
(2) Regional and sector-specific disruptions and
concerns.
(3) Current mitigation strategies by both the Federal
Government and industry.
(4) Any supplemental disaster appropriations
requirements to mitigate impacts to such programs.
(5) Recommendations to address risks and threats to
the Federal Government and industry relating to such
impacts.
----------
107. An Amendment To Be Offered by Representative Crist of Florida or
His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII, add the following new
section:
SEC. 7__. REPORT ON HEALTH CARE RECORDS OF DEPENDENTS WHO LATER SEEK TO
SERVE AS A MEMBER OF THE ARMED FORCES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the use by the
military departments of health care records of individuals who
are dependents or former dependents of members of the Armed
Forces with respect to that individual later serving or seeking
to serve as a member of the Armed Forces. The report shall
include the following:
(1) A description of the policy of the Department of
Defense and each military department with respect to
combining the juvenile medical records of such an
individual with the military medical records of that
individual who serves as a member of the Armed Forces.
(2) The total number of cases where such juvenile
medical records were so combined with the military
medical records of the individual.
(3) The total number of cases where an individual was
either discharged, or was prevented from joining the
Armed Forces, because of the juvenile medical records
of the individual from when the individual was a
dependent of a member of the Armed Forces.
(4) The total number of cases where an individual was
granted a waiver preventing a discharge or being denied
from joining the Armed Forces as described in paragraph
(3).
(5) Any actions the Secretary of Defense or a
Secretary of a military department has taken or plans
to take to prevent a discharge or being denied from
joining the Armed Forces as described in paragraph (3).
----------
108. An Amendment To Be Offered by Representative Crist of Florida or
His Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, insert the following:
SEC. 5__. GAO STUDY REGARDING TRANSFERABILITY OF MILITARY
CERTIFICATIONS TO CIVILIAN OCCUPATIONAL LICENSES
AND CERTIFICATIONS.
(a) Study; Report.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report containing the
results of a study regarding the transferability of military
certifications to civilian occupational licenses and
certifications.
(b) Elements.--The report under this section shall include
the following:
(1) Obstacles to transference of military
certifications.
(2) Any effects of the transferability of military
certifications on recruitment and retention.
(3) Examples of certifications obtained from the
Federal Government that transfer to non-Federal
employment.
----------
109. An Amendment To Be Offered by Representative Crow of Colorado or
His Designee, Debatable for 10 Minutes
Page 1088, beginning line 25, strike ``the People's'' and all
that follows through ``Federation'' and insert ``China, Russia,
Iran, and North Korea''.
Page 1089, line 15, strike ``with the'' and insert ``with the
Director of National Intelligence and the''.
Page 1090, line 14, strike ``China and Russia'' and insert
``China, Russia, Iran, and North Korea''.
Page 1090, line 16, strike ``China and Russia'' and insert
``China, Russia, Iran, and North Korea''.
Page 1091, strike lines 5 through 10 and insert the
following:
(E) the Permanent Select Committee on
Intelligence of the House of Representatives;
(F) the Committee on Armed Services of the
Senate;
(G) the Committee on Foreign Relations of the
Senate;
(H) the Committee on Commerce, Science, and
Transportation of the Senate; and
(I) the Select Committee on Intelligence of
the Senate.
----------
110. An Amendment To Be Offered by Representative Crow of Colorado or
His Designee, Debatable for 10 Minutes
At the end of subtitle E of title III, insert the following:
SEC. 3__. CLARIFICATION OF NATIONAL BIODEFENSE STRATEGY.
(a) In General.--The Secretary of Health and Human Services,
in cooperation with the Biodefense Steering Committee, shall
clarify the national biodefense strategy and associated
implementation plan developed under section 1086 of the
National Defense Authorization Act for Fiscal Year 2017 (6
U.S.C. 104) to clearly document agreed-upon processes, roles,
and responsibilities for making and enforcing enterprise-wide
decisions.
(b) Specific Clarifications.--In carrying out subsection (a),
the Secretary of Health and Human Services shall work with the
head of each agency participating in the Biodefense Steering
Committee, including the Administrator of the Federal Emergency
Management Agency, to--
(1) enter into a memorandum of understanding, or take
such other action as is necessary, to describe the
roles and responsibilities of the Federal departments
and agencies, including internal and external
coordination procedures, in identifying and sharing
information, as described in section 1086(b)(4) of the
National Defense Authorization Act for Fiscal Year 2017
(6 U.S.C. 104(b)(4));
(2) clarify roles, responsibilities, and processes
for decisionmaking that involves shifting resources
across agency boundaries to more effectively or
efficiently address enterprise-wide risk;
(3) prepare an inventory and assessment of all
existing strategies, plans, policies, laws, and
interagency agreements with respect to biodefense;
(4) establish a resource plan to staff, support, and
sustain the efforts of the Biodefense Coordination
Team;
(5) clearly document guidance and methods for
analyzing the data collected from agencies to include
non-Federal resources and capabilities; and
(6) not later than 90 days after the date of
enactment of this Act, report to the appropriate
congressional committees on possible implementation
strategies, that will effectively and efficiently
enhance information-sharing activities on
biosurveillance data integration as identified in the
national biodefense strategy and associated
implementation plan described in subsection (a).
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The Committees on Armed Services of the House of
Representatives and the Senate.
(2) The Committees on Appropriations of the House of
Representatives and the Senate.
(3) The Committee on Energy and Commerce of the House
of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate.
(4) The Committee on Homeland Security of the House
of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate.
(5) The Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
SEC. 3__. REPORT ON BIODEFENSE.
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 that includes--
(1) a description of the roles and responsibilities
of Department of Defense entities with responsibility
for biodefense or pandemic preparedness and response,
including logistical support;
(2) an updated Department of Defense implementation
plan for biodefense and pandemic response operations
that includes a separation of activities conducted
under title 10, United States Code, and activities
conducted under title 32, United States Code; and
(3) recommendations for solving gaps in authorities
or organizational structures that have inhibited COVID-
19 response efforts.
----------
111. An Amendment To Be Offered by Representative Cuellar of Texas or
His Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, insert the following:
SEC. 5__. TRANSITION OUTREACH.
The Secretary of Defense, in coordination with the
Secretaries of Veterans Affairs and Labor, shall encourage
contact between members of the Armed Forces participating in
the Transition Assistance Program under sections 1142 and 1144
of title 10, United States Code, and local communities, to
promote employment opportunities for such members. Such contact
shall include, to the extent practicable, public-private
partnerships.
----------
112. An Amendment To Be Offered by Representative Cunningham of South
Carolina or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title V, add the following:
SEC. 5__. TRANSITIONAL HEALTH BENEFITS FOR CERTAIN MEMBERS OF THE
NATIONAL GUARD SERVING UNDER ORDERS IN RESPONSE TO
THE CORONAVIRUS (COVID-19).
(a) In General.--The Secretary of Defense shall provide to a
member of the National Guard separating from active service
after serving on full-time National Guard duty pursuant to
section 502(f) of title 32, United States Code, the health
benefits authorized under section 1145 of title 10, United
States Code, for a member of a reserve component separating
from active duty, as referred to in subsection (a)(2)(B) of
such section 1145, if the active service from which the member
of the National Guard is separating was in support of the whole
of government response to the coronavirus (COVID-19).
(b) Definitions.--In this section, the terms ``active duty'',
``active service'', and ``full-time National Guard duty'' have
the meanings given those terms in section 101(d) of title 10,
United States Code.
----------
113. An Amendment To Be Offered by Representative Curtis of Utah or His
Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. _. AMENDMENTS TO ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.
The Foreign Assistance Act of 1961 is amended as follows:
(1) In section 116 (22 U.S.C. 2151n), by adding at
the end the following:
``(h) Status of Excessive Surveillance and Use of Advanced
Technology.--
``(1) In general.--The report required by subsection
(d) shall include, wherever applicable, a description
of the status of surveillance and use of advanced
technology to impose arbitrary or unlawful interference
with privacy, or unlawful or unnecessary restrictions
on freedoms of expression, peaceful assembly,
association, or other internationally recognized human
rights in each country, including--
``(A) whether the government of such country
has adopted and is enforcing laws, regulations,
policies, or practices relating to--
``(i) government surveillance or
censorship, including through facial
recognition, biometric data collection,
internet and social media controls,
sensors, spyware data analytics, non-
cooperative location tracking,
recording devices, or other similar
advanced technologies, and any
allegations or reports that this
surveillance or censorship was
unreasonable;
``(ii) searches or seizures of
individual or private institution data
without independent judicial
authorization or oversight; and
``(iii) surveillance of any group
based on political views, religious
beliefs, ethnicity, or other protected
category, in violation of equal
protection rights;
``(B) whether such country has imported or
unlawfully obtained biometric or facial
recognition data from other countries or
entities and, if applicable, from whom; and
``(C) whether the government agency end-user
has targeted individuals, including through the
use of technology, in retaliation for the
exercise of their human rights or on
discriminatory grounds prohibited by
international law, including targeting
journalists or members of minority groups.
``(2) Definition.--In this subsection, the term
`internet and social media controls' means the
arbitrary or unlawful imposition of restrictions, by
state or service providers, on internet and digital
information and communication, such as through the
blocking or filtering of websites, social media
platforms, and communication applications, the deletion
of content and social media posts, or the penalization
of online speech, in a manner that violates rights to
free expression or assembly.''.
(2) In section 502B(b) (22 U.S.C. 2304(b))--
(A) by redesignating the second subsection
(i) (as added by section 1207(b)(2) of Public
Law 113-4) as subsection (j); and
(B) by adding at the end the following:
``(k) Status of Excessive Surveillance and Use of Advanced
Technology.--The report required under subsection (b) shall
include, wherever applicable, a description of the status of
excessive surveillance and use of advanced technology to
restrict human rights, including the descriptions of such
policies or practices required under section 116(h).''.
----------
114. An Amendment To Be Offered by Representative Davis of Illinois or
His Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, add the following new
section:
SEC. 17__. BUILDING UNITED STATES CAPACITY FOR VERIFICATION AND
MANUFACTURING OF ADVANCED MICROELECTRONICS.
(a) In General.--The Secretary of Commerce, acting through
the Director of the National Institute of Standards and
Technology, shall carry out research and development 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 design, development, and
manufacturability of next generation microelectronics and
ensure the competitiveness and leadership of the United States
within the microlectronics sector.
(b) Elements.--The activities under subsection (a) shall
include research and development in the following areas:
(1) Advanced metrology and characterization for
manufacturing of microchips using 3 nanometer
transistor processes or more advanced processes.
(2) Metrology for security and supply chain
verification, including pre-silicon security
verification of the design for logical and physical
vulnerabilities beyond current functional analysis.
----------
115. An Amendment To Be Offered by Representative Davis of California
or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title XVI the following new
section:
SEC. 1644. LIMITATION ON AVAILABILITY OF FUNDS RELATING TO UPDATES ON
MEETINGS HELD BY NUCLEAR WEAPONS COUNCIL.
Section 179(g) of title 10, United States Code, is amended to
read as follows:
``(g) Semiannual Updates on Council Meetings.--(1) Not later
than February 1 and August 1 of each year, the Council shall
provide to the congressional defense committees a semiannual
update including, with respect to the six-month period
preceding the update--
``(A) the dates on which the Council met; and
``(B) except as provided by paragraph (2), a summary
of any decisions made by the Council pursuant to
subsection (d) at each such meeting and the rationale
for and options that informed such decisions.
``(2) The Council shall not be required to include in a
semiannual update under paragraph (1) the matters described in
subparagraph (B) of that paragraph with respect to decisions of
the Council relating to the budget of the President for a
fiscal year if the budget for that fiscal year has not been
submitted to Congress under section 1105 of title 31 as of the
date of the semiannual update.
``(3) The Council may provide a semiannual update under
paragraph (1) either in the form of a briefing or a written
report.
``(4)(A) If by February 1 of any year the Council has not
provided the semiannual update under paragraph (1) required by
that date, not more than 50 percent of the funds authorized to
be appropriated for that year for the Office of the Under
Secretary of Defense for Acquisition and Sustainment may be
obligated or expended until the date on which such semiannual
update has been provided.
``(B) If by August 1 of any year the Council has not provided
the semiannual update under paragraph (1) required by that
date, not more than 90 percent of the funds authorized to be
appropriated for that year for the Office of the Under
Secretary of Defense for Acquisition and Sustainment may be
obligated or expended until the date on which such semiannual
update has been provided.''.
----------
116. An Amendment To Be Offered by Representative DeFazio of Oregon or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XXXV, add the following:
SEC. __. MARITIME TRANSPORTATION SYSTEM EMERGENCY RELIEF PROGRAM.
(a) In General.--Chapter 503 of title 46, United States Code,
is amended by adding at the end the following:
``Sec. 50308. Maritime transportation system emergency relief program
``(a) Definitions.--In this section the following definitions
shall apply:
``(1) Eligible state entity.--The term `eligible
State entity' means a port authority, or a State-owned
or -operated vessel and facilities associated with the
operation of such vessel, in any State.
``(2) Eligible entity.--The term `eligible entity'
means a public or private entity that is created or
organized in the United States or under the laws of the
United States, with significant operations in and a
majority of its employees based in the United States,
that is engaged in--
``(A) vessel construction, transportation by
water, or support activities for transportation
by water with an assigned North American
Industry Classification System code beginning
with 3366, 483, or 4883; or
``(B) as determined by the Secretary of
Transportation--
``(i) construction related to
activities described in subparagraph
(A); or
``(ii) maritime education and
training.
``(3) Eligible operating costs.--The term `eligible
operating costs' means costs relating to--
``(A) emergency response;
``(B) cleaning;
``(C) sanitization;
``(D) janitorial services;
``(E) staffing;
``(F) workforce retention;
``(G) paid leave;
``(H) procurement and use of protective
health equipment, testing, and training for
employees and contractors;
``(I) debt service payments;
``(J) infrastructure repair projects; and
``(K) other maritime transportation system
operations;
``(4) Emergency.--The term `emergency' means a
natural disaster affecting a wide area (such as a
flood, hurricane, tidal wave, earthquake, severe storm,
or landslide) or a catastrophic failure from any
external cause, that impacts the United States maritime
transportation system and as a result of which--
``(A) the Governor of a State has declared an
emergency and the Maritime Administrator, in
consultation with the Administrator of the
Federal Emergency Management Administration,
has concurred in the declaration;
``(B) the President has declared a major
disaster under section 401 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170);
``(C) national emergency declared by the
President under the National Emergencies Act
(50 U.S.C. 1601 et seq.) is in effect; or
``(D) a public health emergency declared
pursuant to section 319 of the Public Health
Service Act (42 U.S.C. 247d) is in effect.
``(b) General Authority.--The Maritime Administrator may--
``(1) make grants to eligible State entities for
eligible operating costs; and
``(2) make grants and enter into contracts and other
agreements with eligible entities for--
``(A) the costs of capital projects to
protect, repair, reconstruct, or replace
equipment and facilities of the United States
maritime transportation system that the
Maritime Administrator determines is in danger
of suffering serious physical damage, or has
suffered serious physical damage, as a result
of an emergency; and
``(B) eligible operating costs of United
States maritime transportation equipment and
facilities in an area directly affected by an
emergency during--
``(i) the 1-year period beginning on
the date of a declaration described in
subsections (a)(4)(A) and (a)(4)(B);
and
``(ii) an additional 1-year period
beginning 1 year after the date of a
declaration described in subsections
(a)(4)(A) and (a)(4)(B), if the
Maritime Administrator, in consultation
with the Administrator of the Federal
Emergency Management Administration,
determines there is a compelling need
arising out of the emergency for which
the declaration is made.
``(c) Allocation.--The Maritime Administrator shall determine
an appropriate method for the equitable allocation and
distribution of funds under this section to eligible State
entities and eligible entities.
``(d) Applications.--An applicant for assistance under this
section shall submit an application for such assistance to the
Maritime Administrator at such time, in such manner, and
containing such information and assurances as the Maritime
Administrator may require
``(e) Coordination of Emergency Funds.--
``(1) Use of funds.--Funds appropriated to carry out
this section shall be in addition to any other funds
available under this chapter.
``(2) No effect on other government activity.--The
provision of funds under this section shall not affect
the ability of any other agency of the Government,
including the Federal Emergency Management Agency, or a
State agency, a local governmental entity,
organization, or person, to provide any other funds
otherwise authorized by law.
``(f) Grant Requirements.--A grant awarded under this section
that is made to address an emergency defined under subsection
(a)(4)(B) shall be--
``(1) subject to the terms and conditions the
Maritime Administrator determines are necessary; and
``(2) made only for expenses that are not reimbursed
under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) or
any Federal, State, or local assistance program.
``(g) Federal Share of Costs.--The Federal share payable of
the costs for which a grant is made under this section shall be
100 percent.
``(h) Administrative Costs.--Of the amounts available to
carry out this section, not more than one-half of one percent
may be used for administration of this section.
``(i) Quality Assurance.--The Maritime Administrator shall
institute adequate policies, procedures, and internal controls
to prevent waste, fraud, abuse, and program mismanagement for
the distribution of funds under this section.
``(j) Reports.--The Maritime Administrator shall annually
report to the Congress regarding financial assistance provided
under this section, including a description of such
assistance.''.
(b) Clerical Amendment.--The analysis for such chapter is
amended by adding at the end the following:
``50308. Port development; maritime transportation system emergency
relief program.''.
(c) Inclusion of COVID-19 Pandemic Public Health Emergency.--
For purposes of section 50308 of title 46, United States Code,
as amended by subsection (a), the public health emergency
declared pursuant to section 319 of the Public Health Service
Act (42 U.S.C. 247d) resulting from the COVID-19 pandemic shall
be treated as an emergency.
SEC. __. CENTERS OF EXCELLENCE FOR DOMESTIC MARITIME WORKFORCE TRAINING
AND EDUCATION: TECHNICAL AMENDMENTS.
(a) Redesignation and Transfer of Section.--Section 54102 of
title 46, United States Code, is redesignated as section 51706
of such title and transferred to appear after section 51705 of
such title.
(b) Clerical Amendments.--Title 46, United States Code, is
amended--
(1) in the analysis for chapter 541, by striking the
item relating to section 54102; and
(2) in the analysis for chapter 517, by striking the
item relating to section 51705 and inserting the
following:
``51705. Training for use of force against piracy.
``51706. Center of excellence for domestic maritime workforce training
and education''.
SEC. __. MERCHANT MARINER EDUCATION LOAN PROGRAM.
(a) In General.--Chapter 517 of title 46, United States Code,
as amended by this Act, is further amended by adding at the end
the following:
``Sec. 51707. Merchant mariner career training loan program
``(a) Establishment.--The Secretary of Transportation shall
establish the Elijah E. Cummings Merchant Mariner Career
Training Loan Program (in this section referred to as the
`program') in accordance with the requirements of this section.
``(b) Purpose.--The purpose of the program shall be to make
merchant mariner career training loans available to eligible
students to provide for the training of United States merchant
mariners, including those working to receive a Standards of
Training, Certification and Watchkeeping endorsement under
subchapter B of chapter I of title 46, Code of Federal
Regulations.
``(c) Administration.--The program shall be carried out by
the Secretary, acting through the Administrator of the Maritime
Administration.
``(d) Duties.--The Secretary shall--
``(1) allocate, on an annual basis, the award of
loans under the program based on the needs of students;
``(2) develop an application process and eligibility
criteria for the award of loans under the program;
``(3) approve applications for loans under the
program based on the eligibility criteria and
allocations made under paragraph (1); and
``(4) designate maritime training institutions at
which loans made under the program may be used.
``(e) Designation of Maritime Training Institutions.--
``(1) In general.--In designating maritime training
institutions under subsection (d)(4), the Secretary--
``(A) may include Federal, State, and
commercial training institutions and nonprofit
training organizations, including centers of
excellence designated under section 51706;
``(B) shall designate institutions based on
geographic diversity and scope of classes
offered;
``(C) shall ensure that designated
institutions have the ability to administer the
program; and
``(D) shall ensure that designated
institutions meet requirements to provide
training instruction for appropriate Coast
Guard-approved training instruction.
``(2) Exclusions.--The Secretary--
``(A) may exclude from participation in the
program a maritime training institution that
has had severe performance deficiencies,
including deficiencies demonstrated by audits
or program reviews conducted during the 5
calendar years immediately preceding the
present year;
``(B) shall exclude from participation in the
program a maritime training institution that
has delinquent or outstanding debts to the
United States, unless such debts are being
repaid under or in accordance with a repayment
arrangement satisfactory to the United States,
or the Secretary in the Secretary's discretion
determines that the existence or amount of any
such debts has not been finally determined by
the appropriate Federal agency;
``(C) may exclude from participation in the
program a maritime training institution that
has failed to comply with quality standards
established by the Department of Labor, the
Coast Guard, or a State; and
``(D) may establish such other criteria as
the Secretary determines will protect the
financial interest of the United States and
promote the purposes of this section.
``(f) State Maritime Academies.--
``(1) Use of funds for loans to students attending
state maritime academies.--The Secretary may obligate
not more than 50 percent of the amounts appropriated to
carry out this section for a fiscal year for loans to
undergraduate students attending State maritime
academies receiving assistance under chapter 515 of
this title.
``(2) Academic standards for students.--Students at
State maritime academies receiving loans under the
program shall maintain satisfactory progress toward the
completion of their course of study as evidenced by the
maintenance of a cumulative C average, or its
equivalent, or academic standing consistent with the
requirements for graduation, as determined by the
institution.
``(g) Loan Amounts and Use.--
``(1) Maximum amounts.--
``(A) In general.--The Secretary may not make
loans to a student under the program in an
amount that exceeds $30,000 in a calendar year
or $120,000 in the aggregate.
``(B) Adjustment for inflation.--The
Secretary shall, every 5 years for the life of
a loan under the program, adjust the maximum
amounts described in subparagraph (A) in
accordance with any change in the Consumer
Price Index for All Urban Consumers published
by the Bureau of Labor Statistics of the
Department of Labor that occurs since the
previous adjustment.
``(2) Use of loan proceeds.--A student who receives a
loan under the program may use the proceeds of the loan
only for postsecondary expenses incurred at an
institution designated by the Secretary under
subsection (d)(4) for books, tuition, required fees,
travel to and from training facilities, and room and
board.
``(h) Student Eligibility.--
``(1) In general.--Subject to paragraph (2), to be
eligible to receive a loan under the program, a student
shall--
``(A) be eligible to hold a license or
merchant mariner document issued by the Coast
Guard;
``(B) provide to the Secretary such
information as the Secretary may require,
including all current Coast Guard documents,
certifications, proof of United States
citizenship or permanent legal status, and a
statement of intent to enter a maritime career;
``(C) meet the enrollment requirements of a
maritime training institution designated by the
Secretary under subsection (d)(4); and
``(D) sign an agreement to--
``(i) complete a course of
instruction at such a maritime training
institution; and
``(ii) maintain a license or document
and work under the authority of the
license or document and any associated
endorsements for at least 18 months
following the date of graduation from
the maritime program for which the loan
proceeds will be used.
``(2) Limitation.--An undergraduate student at the
United States Merchant Marine Academy shall not be
eligible for a loan under the program.
``(i) Administration of Loans.--
``(1) Contents of loan agreements.--Any agreement
between the Secretary and a student borrower for a loan
under the program shall--
``(A) be evidenced by a note or other written
instrument that provides for the repayment of
the principal amount of the loan and any
origination fee, together with interest
thereon, in equal installments (or, if the
student borrower so requests, in graduated
periodic installments determined in accordance
with such schedules as may be approved by the
Secretary) payable quarterly, bimonthly, or
monthly, at the option of the student borrower,
over a period beginning 9 months from the date
on which the student borrower completes study
or discontinues attendance at the maritime
program for which the loans are used at the
institution approved by the Secretary and not
exceeding 10 years;
``(B) include provision for acceleration of
repayment of the whole, or any part, of such
loan, at the option of the student borrower;
``(C) provide the loan without security and
without endorsement;
``(D) provide that the liability to repay the
loan shall be canceled upon the death of the
student borrower, or if the student borrower
becomes permanently and totally disabled, as
determined in accordance with regulations to be
issued by the Secretary;
``(E) contain a notice of the system of
disclosure of information concerning default on
such loan to credit bureau organizations; and
``(F) include provisions for deferral of
repayment, as determined by the Secretary.
``(2) Rate of interest.--A student borrower who
receives a loan under the program shall be obligated to
repay the loan amount to the Secretary, together with
interest beginning in the period referred to in
paragraph (1)(A), at a rate of interest determined by
the Secretary, in consultation with the Secretary of
Education, in accordance with section 455 of the Higher
Education Act of 1965 (20 U.S.C. 1087e).
``(3) Disclosure required prior to disbursement.--
``(A) In general.--The Secretary shall at or
prior to the time the Secretary makes a loan to
a student borrower under the program, provide
thorough and adequate loan information on such
loan to the student borrower. The disclosures
required by this paragraph may be made as part
of the written application material provided to
the student borrower, as part of the promissory
note evidencing the loan, or on a separate
written form provided to the student borrower.
``(B) Contents.--The disclosures shall
include--
``(i) the address to which
communications and payments should be
sent;
``(ii) the principal amount of the
loan;
``(iii) the amount of any charges
collected at or prior to the disbursal
of the loan and whether such charges
are to be deducted from the proceeds of
the loan or paid separately by the
student borrower;
``(iv) the stated interest rate on
the loan;
``(v) the yearly and cumulative
maximum amounts that may be borrowed;
``(vi) an explanation of when
repayment of the loan will be required
and when the student borrower will be
obligated to pay interest that accrues
on the loan;
``(vii) a statement as to the minimum
and maximum repayment term that the
Secretary may impose, and the minimum
monthly payment required by law and a
description of any penalty imposed as a
consequence of default, such as
liability for expenses reasonably
incurred in attempts by the Secretary
to collect on a loan;
``(viii) a statement of the total
cumulative balance, including the loan
applied for, owed by the student
borrower to the Secretary, and an
estimate of the projected monthly
payment, given such cumulative balance;
``(ix) an explanation of any special
options the student borrower may have
for loan consolidation or other
refinancing of the loan;
``(x) a statement that the student
borrower has the right to prepay all or
part of the loan, at any time, without
penalty;
``(xi) a statement summarizing
circumstances in which repayment of the
loan or interest that accrues on the
loan may be deferred, and a brief
notice of the program for repayment of
loans, on the basis of military
service, pursuant to the Department of
Defense educational loan repayment
program (10 U.S.C. 16302);
``(xii) a definition of default and
the consequences to the student
borrower if the student borrower
defaults, together with a statement
that the disbursement of, and the
default on, a loan under this part
shall be reported to a credit bureau or
credit reporting agency;
``(xiii) to the extent practicable,
the effect of accepting the loan on the
eligibility of the student borrower for
other forms of student assistance; and
``(xiv) an explanation of any cost
the student borrower may incur in the
making or collection of the loan.
``(C) Information to be provided without
cost.--The information provided under this
paragraph shall be available to the Secretary
without cost to the student borrower.
``(4) Repayment after default.--The Secretary may
require any student borrower who has defaulted on a
loan made under the program to--
``(A) pay all reasonable collection costs
associated with such loan; and
``(B) repay the loan pursuant to an income
contingent repayment plan.
``(5) Authorization to reduce rates and fees.--
Notwithstanding any other provision of this section,
the Secretary may prescribe by regulation any
reductions in the interest rate or origination fee paid
by a student borrower of a loan made under the program
as the Secretary determines appropriate to encourage
ontime repayment of the loan. Such reductions may be
offered only if the Secretary determines the reductions
are cost neutral and in the best financial interest of
the United States.
``(6) Collection of repayments.--The Secretary shall
collect repayments made under the program and exercise
due diligence in such collection, including maintenance
of all necessary records to ensure that maximum
repayments are made. Collection and servicing of
repayments under the program shall be pursued to the
full extent of the law, including wage garnishment if
necessary. The Secretary of the Department in which the
Coast Guard is operating shall provide the Secretary of
Transportation with any information regarding a
merchant mariner that may aid in the collection of
repayments under this section.
``(7) Repayment schedule.--A student borrower who
receives a loan under the program shall repay the loan
quarterly, bimonthly, or monthly, at the option of the
student borrower, over a period beginning 9 months from
the date the student borrower completes study or
discontinues attendance at the maritime program for
which the loan proceeds are used and ending not more
than 10 years after the date repayment begins.
Provisions for deferral of repayment shall be
determined by the Secretary.
``(8) Contracts for servicing and collection of
loans.--The Secretary may--
``(A) enter into a contract or other
arrangement with State or nonprofit agencies
and, on a competitive basis, with collection
agencies for servicing and collection of loans
under this section; and
``(B) conduct litigation necessary to carry
out this section.
``(j) Revolving Loan Fund.--
``(1) Establishment.--The Secretary shall establish a
revolving loan fund consisting of amounts deposited in
the fund under paragraph (2).
``(2) Deposits.--The Secretary shall deposit in the
fund--
``(A) receipts from the payment of principal
and interest on loans made under the program;
and
``(B) any other monies paid to the Secretary
by or on behalf of individuals under the
program.
``(3) Availability of amounts.--Subject to the
availability of appropriations, amounts in the fund
shall be available to the Secretary--
``(A) to cover the administrative costs of
the program, including the maintenance of
records and making collections under this
section; and
``(B) to the extent that amounts remain
available after paying such administrative
costs, to make loans under the program.
``(4) Maintenance of records.--The Secretary shall
maintain accurate records of the administrative costs
referred to in paragraph (3)(A).
``(k) Annual Report.--The Secretary, on an annual basis,
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the program, including--
``(1) the total amount of loans made under the
program in the preceding year;
``(2) the number of students receiving loans under
the program in the preceding year; and
``(3) the total amount of loans made under program
that are in default as of the date of the report.
``(l) Authorization of Appropriations.--There are authorized
to be appropriated for each of fiscal years 2021 through 2026--
``(1) $10,000,000 for making loans under the program;
and
``(2) $1,000,000 for administrative expenses of the
Secretary in carrying out the program.
``Sec. 51708. Merchant mariner recruitment, training, and retention
grant program
``(a) Strategic Plan.--
``(1) In general.--Not later than one year after the
date of enactment of this section, and at least once
every 3 years thereafter, the Secretary of
Transportation, acting through the Administrator of the
Maritime Administration, shall publish in the Federal
Register a plan to recruit, train, and retain merchant
mariners for the 5-year period following the date of
publication of the most recently published plan under
this paragraph.
``(2) Contents.--A plan published under paragraph (1)
shall contain--
``(A) a strategy to address merchant mariner
recruitment, training, and retention issues in
the United States; and
``(B) demonstration and research priorities
concerning merchant mariner recruitment,
training, and retention.
``(3) Factors.--In developing a plan under paragraph
(1), the Secretary shall take into account, at a
minimum--
``(A) the availability of existing research
(as of the date of publication of the plan);
and
``(B) the need to ensure results that have
broad applicability.
``(4) Consultation.--In developing a plan under
paragraph (1), the Secretary shall consult with
representatives of the maritime industry, labor
organizations, including the Commander of the
Transportation Command and the Commander of the
Military Sealift Command, and other governmental
entities and persons with an interest in the maritime
industry.
``(5) Transmittal to congress.--The Secretary shall
transmit copies of a plan published under paragraph (1)
to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
``(b) Demonstration and Research Projects.--
``(1) In general.--The Secretary may award grants to,
or enter into contracts or cooperative agreements with,
a maritime training institutions designated under
section 51607(e) or a consortium such institutions, to
carry out demonstration and research projects that
implement the priorities identified in the plan
prepared under subsection (a)(1), for the purpose of
recruiting, training, or retaining United States
merchant mariners.
``(2) Competitive awards.--Grants shall be awarded.
and contracts and cooperative agreements shall be
entered into, under this subsection on a competitive
basis under guidelines and requirements to be
established by the Secretary.
``(3) Applications.--To be eligible to receive a
grant or enter into a contract or cooperative agreement
under this section for a project under this subsection,
a maritime training institution shall submit to the
Secretary a proposal that includes, at a minimum--
``(A) a description of the project; and
``(B) a method for evaluating the
effectiveness of the project.
``(4) Eligible projects.--Projects eligible for
grants, contracts, and cooperative agreements under
this subsection--
``(A) shall carry out the demonstration and
research priorities included in the plan
published under subsection (a)(1); and
``(B) may--
``(i) provide training to upgrade the
skills of United States merchant
mariners, including training to acquire
a Standards of Training, Certification
and Watchkeeping endorsement under
subchapter B of chapter I of title 46,
Code of Federal Regulations;
``(ii) promote the use of distance
learning that enables students to take
courses through the use of
teleconferencing, the Internet, and
other media technology;
``(iii) assist in providing services
to address merchant mariner recruitment
and training of youth residing in
targeted high poverty areas within
empowerment zones and enterprise
communities;
``(iv) implement partnerships with
national and regional organizations
with special expertise in developing,
organizing, and administering merchant
mariner recruitment and training
services;
``(v) design, develop, and test an
array of approaches to providing
recruitment, training, or retention
services, including to one or more
targeted populations;
``(vi) in conjunction with employers,
organized labor, other groups (such as
community coalitions), and Federal,
State, or local agencies, design,
develop, and test various training
approaches in order to determine
effective practices; or
``(vii) assist in the development and
replication of effective service
delivery strategies for the national
maritime industry as a whole.
``Sec. 51709. Authorization of appropriations
``There are authorized to be appropriated for each of fiscal
years 2021 through 2026--
``(1) $10,000,000 for making grants and entering into
cooperative agreements under sections 51707 and 51708;
and
``(2) $1,000,000 for administrative expenses of the
Secretary in carrying out such sections.''.
(b) Conforming Amendment.--The analysis for such chapter is
amended by adding at the end the following:
``51707. Merchant mariner career training loan program.
``51708. Merchant mariner recruitment, training, and retention program.
``51709. Authorization of appropriations.''.
SEC. __. ASSISTANCE FOR INLAND AND SMALL COASTAL PORTS AND TERMINALS.
Section 50302 of title 46, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (2)--
(i) by inserting ``and subsection
(d)'' after ``this subsection''; and
(ii) by adding at the end the
following:
``(H) In the case of a small project funded
under subsection (d), a private entity or group
of entities.'';
(B) in paragraph (6) by striking subparagraph
(C);
(C) in paragraph (7)(B) by striking
``paragraph (3)(A)'' and inserting ``subsection
(d)'';
(D) in paragraph (8)(B)--
(i) in clause (i) by striking ``under
this subsection'' and inserting ``under
this subsection and subsection (d)'';
and
(ii) in clause (ii) by inserting
``under subsection (d) or'' after
``project''; and
(E) in paragraph (11) by--
(i) striking ``under this
subsection'' and inserting ``under this
subsection and subsection (d)'' each
place such phrase appears; and
(ii) striking ``fiscal year.'' and
inserting ``fiscal year, and shall be
awarded as grants under the subsection
for which the original grant was
made.'';
(2) by redesignating subsection (d) as subsection
(e);
(3) by inserting after subsection (c) the following:
``(d) Assistance for Inland and Small Coastal Ports and
Terminals.--
``(1) In general.--Of amounts reserved under
subsection (c)(7)(B), the Secretary, acting through the
Administrator of the Maritime Administration, shall
make grants under this subsection--
``(A) to the owners or operators of a
facility at a port, as such term is defined in
subsection (c), to and from which the average
annual tonnage of cargo for the immediately
preceding 3 calendar years from the time an
application is submitted is less than 8,000,000
short tons as determined using Corps of
Engineers data; and
``(B) for infrastructure improvements,
equipment purchases, and capital investments at
such a facility, including piers, wharves,
docks, terminals, and similar structures used
principally for the movement of goods,
including areas of land, water, or areas in
proximity to such structure that are necessary
for the movement of goods.
``(2) Awards.--In providing assistance under this
subsection, the Secretary shall--
``(A) take into account--
``(i) the economic advantage and the
contribution to freight transportation
at an eligible facility; and
``(ii) the competitive disadvantage
of an eligible facility;
``(B) not make more than 1 award per
applicant for each fiscal year appropriation;
and
``(C) promote the enhancement and
efficiencies of an eligible facility.
``(3) Use of funds.--
``(A) In general.--Assistance provided under
this subsection may be used to--
``(i) make capital improvements;
``(ii) construct, improve, repair, or
maintain transportation or physical
infrastructure, buildings, equipment,
or facility security;
``(iii) perform planning activities
related to carrying out an activity
described in clause (i); and
``(iv) otherwise fulfill the purposes
for which such assistance is provided.
``(B) Acquisition methods.--The Secretary may
not require as a condition of issuing a grant
under this subsection--
``(i) direct ownership of either a
facility or equipment to be procured
using funds awarded under this
subsection; or
``(ii) that equipment procured using
such funds be new.
``(4) Prohibited uses.--Funds provided under this
subsection may not be used for--
``(A) projects conducted on property lying
outside port or terminal boundaries and not
owned or leased by the applicant;
``(B) any single grant award more than 10
percent of total allocation of funds to carry
out this subsection per fiscal year
appropriation; or
``(C) activities, including channel
improvements or harbor deepening, authorized,
as of the date of the application for
assistance under this subsection, to be carried
out by of the Corps of Engineers.
``(5) Matching requirements.--
``(A) In general.--The Secretary may not
provide assistance under this subsection unless
the Secretary determines that sufficient
funding is available to meet the matching
requirements of subsection (c)(8). Any costs of
the project to be paid by the recipient's
matching share may be incurred prior to the
date on which assistance is provided.
``(B) Inclusions.--For the purpose of making
the determination under subparagraph (A),
funding may include a loan agreement, a
commitment from investors, cash on balance
sheet, or other contributions determined
acceptable by the Secretary.
``(6) Application and award.--
``(A) Minimum standards for payment or
reimbursement.--Each application submitted
shall include a comprehensive description of--
``(i) the project;
``(ii) the need for the project;
``(iii) the methodology for
implementing the project; and
``(iv) documentation of matching
funds as described in paragraph (5).
``(B) Demonstration of effectiveness.--In
determining whether a project will achieve the
purposes for which such assistance is requested
under this subsection, the Secretary shall
accept documentation used to obtain a
commitment of the matching funds described in
paragraph (5), including feasibility studies,
business plans, investor prospectuses, loan
applications, or similar documentation.
``(C) Project approval required.--The
Secretary may not award a grant under this
subsection unless the Secretary determines that
the--
``(i) project will be completed
without unreasonable delay; and
``(ii) recipient has authority to
carry out the proposed project.
``(7) Procedural safeguards, audits, and
examinations.--
``(A) Procedural safeguards.--The
Administrator shall issue guidelines to
establish appropriate accounting, reporting,
and review procedures to ensure that--
``(i) assistance provided under this
subsection is used for the purposes for
which such assistance made available;
and
``(ii) grantees have properly
accounted for all expenditures of grant
funds.
``(B) Audits and examinations.--All grantees
under this subsection shall maintain such
records as the Administrator may require and
make such records available for review and
audit by the Administrator.
``(8) Limitation.--Not more than 10 percent of the
funds made available under subsection (c)(7)(B) may be
used to the planning and design of eligible projects
described in paragraph (3)(A)(iii).
``(9) Definition of project.--In this subsection, the
term `project' has the meaning given such term in
subsection (c).''.
SEC. ___. NATIONAL SHIPPER ADVISORY COMMITTEE.
(a) In General.--Part B of subtitle IV of title 46, United
States Code, is amended by adding at the end the following:
``CHAPTER 425--NATIONAL SHIPPER ADVISORY COMMITTEE
``Sec.
``42501. Definitions.
``42502. National Shipper Advisory Committee.
``42503. Administration.
``Sec. 42501. Definitions
``In this chapter:
``(1) Commission.--The term `Commission' means the
Federal Maritime Commission.
``(2) Committee.--The term `Committee' means the
National Shipper Advisory Committee established by
section 42502.
``Sec. 42502. National Shipper Advisory Committee
``(a) Establishment.--There is established a National Shipper
Advisory Committee.
``(b) Function.--The Committee shall advise the Federal
Maritime Commission on policies relating to the
competitiveness, reliability, integrity, and fairness of the
international ocean freight delivery system.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 24
members appointed by the Commission in accordance with
this section.
``(2) Expertise.--Each member of the Committee shall
have particular expertise, knowledge, and experience in
matters relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall
be appointed as follows:
``(A) Twelve members shall represent entities
who import cargo to the United States using
ocean common carriers.
``(B) Twelve members shall represent entities
who export cargo from the United States using
ocean common carriers.
``Sec. 42503. Administration
``(a) Meetings.--The Committee shall, not less than once each
year, meet at the call of the Commission or a majority of the
members of the Committee.
``(b) Employee Status.--A member of the Committee shall not
be considered an employee of the Federal Government by reason
of service on such Committee, except for the purposes of the
following:
``(1) Chapter 81 of title 5.
``(2) Chapter 171 of title 28 and any other Federal
law relating to tort liability.
``(c) Acceptance of Volunteer Services.--Notwithstanding any
other provision of law, a member of the Committee may serve on
such committee on a voluntary basis without pay.
``(d) Status of Members.--
``(1) In general.--Except as provided in paragraph
(2), with respect to a member of the Committee whom the
Commission appoints to represent an entity or group--
``(A) the member is authorized to represent
the interests of the applicable entity or
group; and
``(B) requirements under Federal law that
would interfere with such representation and
that apply to a special Government employee (as
defined in section 202(a) of title 18),
including requirements relating to employee
conduct, political activities, ethics,
conflicts of interest, and corruption, do not
apply to the member.
``(2) Exception.--Notwithstanding subsection (b), a
member of the Committee shall be treated as a special
Government employee for purposes of the committee
service of the member if the member, without regard to
service on the Committee, is a special Government
employee.
``(e) Service on Committee.--
``(1) Solicitation of nominations.--Before appointing
an individual as a member of the Committee, the
Commission shall publish a timely notice in the Federal
Register soliciting nominations for membership on such
Committee.
``(2) Appointments.--
``(A) In general.--After considering
nominations received pursuant to a notice
published under paragraph (1), the Commission
may appoint a member to the Committee.
``(B) Prohibition.--The Commission shall not
seek, consider, or otherwise use information
concerning the political affiliation of a
nominee in making an appointment to the
Committee.
``(3) Service at pleasure of the commission.--Each
member of the Committee shall serve at the pleasure of
the Commission.
``(4) Security background examinations.--The
Commission may require an individual to have passed an
appropriate security background examination before
appointment to the Committee.
``(5) Prohibition.--A Federal employee may not be
appointed as a member of the Committee.
``(6) Terms.--
``(A) In general.--The term of each member of
the Committee shall expire on December 31 of
the third full year after the effective date of
the appointment.
``(B) Continued service after term.--When the
term of a member of the Committee ends, the
member, for a period not to exceed 1 year, may
continue to serve as a member until a successor
is appointed.
``(7) Vacancies.--A vacancy on the Committee shall be
filled in the same manner as the original appointment.
``(8) Special rule for reappointments.--
Notwithstanding paragraphs (1) and (2), the Commission
may reappoint a member of a committee for any term,
other than the first term of the member, without
soliciting, receiving, or considering nominations for
such appointment.
``(f) Staff Services.--The Commission shall furnish to the
Committee any staff and services considered by the Commission
to be necessary for the conduct of the Committee's functions.
``(g) Chair; Vice Chair.--
``(1) In general.--The Committee shall elect a Chair
and Vice Chair from among the committee's members.
``(2) Vice chairman acting as chairman.--The Vice
Chair shall act as Chair in the absence or incapacity
of, or in the event of a vacancy in the office of, the
Chair.
``(h) Subcommittees and Working Groups.--
``(1) In general.--The Chair of the Committee may
establish and disestablish subcommittees and working
groups for any purpose consistent with the function of
the Committee.
``(2) Participants.--Subject to conditions imposed by
the Chair, members of the Committee may be assigned to
subcommittees and working groups established under
paragraph (1).
``(i) Consultation, Advice, Reports, and Recommendations.--
``(1) Consultation.--Before taking any significant
action, the Commission shall consult with, and consider
the information, advice, and recommendations of, the
Committee if the function of the Committee is to advise
the Commission on matters related to the significant
action.
``(2) Advice, reports, and recommendations.--The
Committee shall submit, in writing, to the Commission
its advice, reports, and recommendations, in a form and
at a frequency determined appropriate by the Committee.
``(3) Explanation of actions taken.--Not later than
60 days after the date on which the Commission receives
recommendations from the Committee under paragraph (2),
the Commission shall--
``(A) publish the recommendations on a public
website; and
``(B) respond, in writing, to the Committee
regarding the recommendations, including by
providing an explanation of actions taken
regarding the recommendations.
``(4) Submission to congress.--The Commission shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate the advice, reports, and recommendations
received from the Committee under paragraph (2).
``(j) Observers.--The Commission may designate a
representative to--
``(1) attend any meeting of the Committee; and
``(2) participate as an observer at such meeting.
``(k) Termination.--The Committee shall terminate on
September 30, 2029.''.
(b) Clerical Amendment.--The analysis for subtitle IV of
title 46, United States Code, is amended by inserting after the
item related to chapter 423 the following:
``425. National Shipper Advisory Committee......................42501''.
____________________________________________________
117. An Amendment To Be Offered by Representative DeFazio of Oregon or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
DIVISION F--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020
SECTION 1. SHORT TITLE.
This division may be cited as the ``Elijah E. Cummings Coast
Guard Authorization Act of 2020''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this division is as follows:
DIVISION F--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definition of Commandant.
TITLE I--AUTHORIZATIONS
Sec. 1001. Authorizations of appropriations.
Sec. 1002. Authorized levels of military strength and training.
Sec. 1003. Determination of budgetary effects.
Sec. 1004. Availability of amounts for acquisition of additional
National Security Cutter.
Sec. 1005. Procurement authority for Polar Security Cutters.
Sec. 1006. Sense of the Congress on need for new Great Lakes icebreaker.
Sec. 1007. Procurement authority for Great Lakes icebreaker.
Sec. 1008. Polar Security Cutter acquisition report.
Sec. 1009. Shoreside infrastructure.
Sec. 1010. Major acquisition systems infrastructure.
Sec. 1011. Polar icebreakers.
Sec. 1012. Acquisition of fast response cutter.
TITLE II--COAST GUARD
Subtitle A--Military Personnel Matters
Sec. 2101. Grade on retirement.
Sec. 2102. Authority for officers to opt out of promotion board
consideration.
Sec. 2103. Temporary promotion authority for officers in certain grades
with critical skills.
Sec. 2104. Career intermission program.
Sec. 2105. Direct commissioning authority for individuals with critical
skills.
Sec. 2106. Employment assistance.
Subtitle B--Organization and Management Matters
Sec. 2201. Congressional affairs; Director.
Sec. 2202. Limitations on claims.
Sec. 2203. Renewal of temporary early retirement authority.
Sec. 2204. Major acquisitions; operation and sustainment costs.
Sec. 2205. Support of women serving in the Coast Guard.
Sec. 2206. Disposition of infrastructure related to E-LORAN.
Sec. 2207. Positions of importance and responsibility.
Sec. 2208. Research projects; transactions other than contracts and
grants.
Sec. 2209. Acquisition workforce authorities.
Sec. 2210. Vessel conversion, alteration, and repair projects.
Sec. 2211. Modification of acquisition process and procedures.
Sec. 2212. Establishment and purpose of Fund; definition.
Sec. 2213. Payments from Fund.
Sec. 2214. Determination of contributions to Fund.
Sec. 2215. Payments into Fund.
Subtitle C--Access to Child Care for Coast Guard Families
Sec. 2301. Report on child care and school-age care assistance for
qualified families.
Sec. 2302. Review of family support services website and online tracking
system.
Sec. 2303. Study and survey on Coast Guard child care needs.
Sec. 2304. Pilot program to expand access to child care.
Sec. 2305. Improvements to Coast Guard-owned family housing.
Sec. 2306. Briefing on transfer of family child care provider
qualifications and certifications.
Sec. 2307. Inspections of Coast Guard child development centers and
family child care providers.
Sec. 2308. Expanding opportunities for family child care.
Sec. 2309. Definitions.
Subtitle D--Reports
Sec. 2401. Modifications of certain reporting requirements.
Sec. 2402. Report on cybersecurity workforce.
Sec. 2403. Report on navigation and bridge resource management.
Sec. 2404. Report on helicopter life-cycle support and recapitalization.
Sec. 2405. Report on Coast Guard response capabilities for cyber
incidents on vessels entering ports or waters of the United
States.
Sec. 2406. Study and report on Coast Guard interdiction of illicit drugs
in transit zones.
Sec. 2407. Report on liability limits set in section 1004 of the Oil
Pollution Act of 1990.
Sec. 2408. Report on Coast Guard defense readiness resources allocation.
Sec. 2409. Report on the feasibility of liquefied natural gas fueled
vessels.
Sec. 2410. Coast Guard authorities study.
Sec. 2411. Report on effects of climate change on Coast Guard.
Sec. 2412. Shore infrastructure.
Sec. 2413. Coast Guard housing; status and authorities briefing.
Sec. 2414. Physical access control system report.
Sec. 2415. Study on Certificate of Compliance inspection program with
respect to vessels that carry bulk liquefied gases as cargo
and liquefied natural gas tank vessels.
Sec. 2416. Comptroller General of the United States review and report on
Coast Guard's International Port Security Program.
Sec. 2417. Comptroller General of the United States review and report on
surge capacity of the Coast Guard.
Sec. 2418. Comptroller General of the United States review and report on
marine inspections program of Coast Guard.
Sec. 2419. Comptroller General of the United States review and report on
information technology program of Coast Guard.
Sec. 2420. Comptroller General of the United States study and report on
access to health care by members of Coast Guard and
dependents.
Sec. 2421. Comptroller General of the United States study and report on
medical staffing standards and needs for Coast Guard.
Sec. 2422. Report on fast response cutters, offshore patrol cutters, and
national security cutters.
Subtitle E--Coast Guard Academy Improvement Act
Sec. 2501. Short title.
Sec. 2502. Coast Guard Academy study.
Sec. 2503. Annual report.
Sec. 2504. Assessment of Coast Guard Academy admission processes.
Sec. 2505. Coast Guard Academy minority outreach team program.
Sec. 2506. Coast Guard college student pre-commissioning initiative.
Sec. 2507. Annual board of visitors.
Sec. 2508. Homeland Security rotational cybersecurity research program
at Coast Guard Academy.
Subtitle F--Other Matters
Sec. 2601. Strategy on leadership of Coast Guard.
Sec. 2602. Expedited transfer in cases of sexual assault; dependents of
members of the Coast Guard.
Sec. 2603. Access to resources during creosote-related building closures
at Coast Guard Base Seattle, Washington.
Sec. 2604. Southern resident orca conservation and enforcement.
Sec. 2605. Sense of Congress and report on implementation of policy on
issuance of warrants and subpoenas and whistleblower
protections by agents of the Coast Guard Investigative
Service.
Sec. 2606. Inspector General report on access to Equal Opportunity
Advisors and Equal Employment Opportunity Specialists.
Sec. 2607. Insider Threat Program.
TITLE III--MARITIME
Subtitle A--Navigation
Sec. 3101. Electronic charts; equivalency.
Sec. 3102. Subrogated claims.
Sec. 3103. Loan provisions under Oil Pollution Act of 1990.
Sec. 3104. Oil pollution research and development program.
Sec. 3105. Limited indemnity provisions in standby oil spill response
contracts.
Subtitle B--Shipping
Sec. 3201. Passenger vessel security and safety requirements;
application.
Sec. 3202. Small passenger vessels and uninspected passenger vessels.
Sec. 3203. Non-operating individual.
Sec. 3204. Conforming amendments: training; public safety personnel.
Sec. 3205. Maritime transportation assessment.
Sec. 3206. Engine cut-off switches; use requirement.
Sec. 3207. Authority to waive operator of self-propelled uninspected
passenger vessel requirements.
Sec. 3208. Exemptions and equivalents.
Sec. 3209. Waiver of navigation and vessel inspection laws.
Sec. 3210. Renewal of merchant mariner licenses and documents.
Sec. 3211. Certificate extensions.
Sec. 3212. Vessel safety standards.
Sec. 3213. Medical standards.
Subtitle C--Advisory Committees
Sec. 3301. Advisory committees.
Sec. 3302. Maritime Transportation System National Advisory Committee.
Sec. 3303. Expired maritime liens.
Sec. 3304. Great Lakes Pilotage Advisory Committee.
Sec. 3305. National Commercial Fishing Safety Advisory Committee.
Sec. 3306. Exemption of commercial fishing vessels operating in Alaskan
Region from Global Maritime Distress and Safety System
requirements of Federal Communications Commission.
Subtitle D--Ports
Sec. 3401. Port, harbor, and coastal facility security.
Sec. 3402. Aiming laser pointer at vessel.
Sec. 3403. Safety of special activities.
Sec. 3404. Security plans; reviews.
Sec. 3405. Vessel traffic service.
Sec. 3406. Transportation work identification card pilot program.
TITLE IV--MISCELLANEOUS
Subtitle A--Navigation and Shipping
Sec. 4101. Coastwise trade.
Sec. 4102. Towing vessels operating outside boundary line.
Sec. 4103. Sense of Congress regarding the maritime industry of the
United States.
Sec. 4104. Cargo preference study.
Sec. 4105. Towing vessel inspection fees.
Subtitle B--Maritime Domain Awareness
Sec. 4201. Unmanned maritime systems and satellite vessel tracking
technologies.
Sec. 4202. Unmanned aircraft systems testing.
Sec. 4203. Land-based unmanned aircraft system program of Coast Guard.
Sec. 4204. Prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Sec. 4205. United States commercial space-based radio frequency maritime
domain awareness testing and evaluation program.
Sec. 4206. Authorization of use of automatic identification systems
devices to mark fishing equipment.
Subtitle C--Arctic
Sec. 4301. Coast Guard Arctic prioritization.
Sec. 4302. Arctic PARS Native engagement.
Sec. 4303. Voting requirement.
Sec. 4304. Report on the Arctic capabilities of the Armed Forces.
Sec. 4305. Report on Arctic search and rescue.
Sec. 4306. Arctic Shipping Federal Advisory Committee.
Subtitle D--Other Matters
Sec. 4401. Plan for wing-in-ground demonstration plan.
Sec. 4402. Northern Michigan oil spill response planning.
Sec. 4403. Documentation of LNG tankers.
Sec. 4404. Replacement vessel.
Sec. 4405. Educational vessel.
Sec. 4406. Waters deemed not navigable waters of the United States for
certain purposes.
Sec. 4407. Anchorages.
Sec. 4408. Comptroller General of the United States study and report on
vertical evacuation for tsunamis at Coast Guard Stations in
Washington and Oregon.
Sec. 4409. Authority to enter into agreements with National Coast Guard
Museum Association.
Sec. 4410. Formal sexual assault policies for passenger vessels.
Sec. 4411. Regulations for covered small passenger vessels.
TITLE V--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 5001. Transfers.
Sec. 5002. Additional transfers.
Sec. 5003. License exemptions; repeal of obsolete provisions.
Sec. 5004. Maritime transportation system.
Sec. 5005. References to ``persons'' and ``seamen''.
Sec. 5006. References to ``himself'' and ``his''.
Sec. 5007. Miscellaneous technical corrections.
Sec. 5008. Technical corrections relating to codification of Ports and
Waterways Safety Act.
Sec. 5009. Aids to navigation.
Sec. 5010. Transfers related to employees of Lighthouse Service.
Sec. 5011. Transfers related to surviving spouses of Lighthouse Service
employees.
Sec. 5012. Repeals related to lighthouse statutes.
TITLE VI--FEDERAL MARITIME COMMISSION
Sec. 6001. Short title.
Sec. 6002. Authorization of appropriations.
Sec. 6003. Unfinished proceedings.
Sec. 6004. Transfer of Federal Maritime Commission provisions.
SEC. 3. DEFINITION OF COMMANDANT.
In this division, the term ``Commandant'' means the
Commandant of the Coast Guard.
TITLE I--AUTHORIZATIONS
SEC. 1001. AUTHORIZATIONS OF APPROPRIATIONS.
Section 4902 of title 14, United States Code, is amended--
(1) in the matter preceding paragraph (1), by
striking ``year 2019'' and inserting ``years 2020 and
2021'';
(2) in paragraph (1)(A), by striking ``provided for,
$7,914,195,000 for fiscal year 2019.'' and inserting
``provided for--
``(i) $8,151,620,850 for fiscal year 2020;
and
``(ii) $8,396,169,475 for fiscal year
2021.'';
(3) in paragraph (1)(B), by striking ``subparagraph
(A)--'' and inserting ``subparagraph (A)(i),
$17,035,000 shall be for environmental compliance and
restoration.'';
(4) by striking clauses (i) and (ii) of paragraph
(1)(B);
(5) in paragraph (1), by adding at the end the
following:
``(C) Of the amount authorized under subparagraph,
(A)(ii) $17,376,000 shall be for environmental
compliance and restoration.'';
(6) in paragraph (2)--
(A) by striking ``For the procurement'' and
inserting ``(A) For the procurement'';
(B) by striking ``and equipment,
$2,694,745,000 for fiscal year 2019.'' and
inserting ``and equipment--
``(i) $2,794,745,000 for fiscal year 2020;
and
``(ii) $3,312,114,000 for fiscal year
2021.''; and
(C) by adding at the end the following:
``(B) Of the amounts authorized under subparagraph
(A), the following amounts shall be for the alteration
of bridges:
``(i) $10,000,000 for fiscal year 2020; and
``(ii) $20,000,000 for fiscal year 2021.'';
(7) in paragraph (3), by striking ``and equipment,
$29,141,000 for fiscal year 2019.'' and inserting ``and
equipment--
``(A) $13,834,000 for fiscal year 2020; and
``(B) $14,111,000 for fiscal year 2021.'';
and
(8) by adding at the end the following:
``(4) For the Coast Guard's Medicare-eligible retiree
health care fund contribution to the Department of
Defense--
``(A) $205,107,000 for fiscal year 2020; and
``(B) $209,209,000 for fiscal year 2021.''.
SEC. 1002. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
Section 4904 of title 14, United States Code, is amended--
(1) in subsection (a), by striking ``43,000 for
fiscal year 2018 and 44,500 for fiscal year 2019'' and
inserting ``44,500 for each of fiscal years 2020 and
2021''; and
(2) in subsection (b), by striking ``fiscal years
2018 and 2019'' and inserting ``fiscal years 2020 and
2021''.
SEC. 1003. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this division, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this division,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
SEC. 1004. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL
NATIONAL SECURITY CUTTER.
(a) In General.--Of the amounts authorized to be appropriated
by--
(1) section 4902(2)(A)(i) of title 14, United States
Code, as amended by section 1001 of this division,
$100,000,000 for fiscal year 2020; and
(2) section 4902(2)(A)(ii) of title 14, United States
Code, as amended by section 1001 of this division,
$550,000,000 for fiscal year 2021
is authorized for the acquisition of a National Security
Cutter.
(b) Treatment of Acquired Cutter.--Any cutter acquired using
amounts available pursuant to subsection (a) shall be in
addition to the National Security Cutters approved under the
existing acquisition baseline in the program of record for the
National Security Cutter.
SEC. 1005. PROCUREMENT AUTHORITY FOR POLAR SECURITY CUTTERS.
(a) Funding.--Of the amounts authorized to be appropriated
by--
(1) section 4902(2)(A)(i) of title 14, United States
Code, as amended by section 1001 of this division,
$135,000,000 for fiscal year 2020; and
(2) section 4902(2)(A)(ii) of title 14, United States
Code, as amended by section 1001 of this division,
$610,000,000 for fiscal year 2021
is authorized for construction of a Polar Security Cutter.
(b) Prohibition on Contracts or Use of Funds for Development
of Common Hull Design.--Notwithstanding any other provision of
law, the Secretary of the department in which the Coast Guard
is operating may not enter into any contract for, and no funds
shall be obligated or expended on, the development of a common
hull design for medium Polar Security Cutters and Great Lakes
icebreakers.
SEC. 1006. SENSE OF THE CONGRESS ON NEED FOR NEW GREAT LAKES
ICEBREAKER.
(a) Findings.--The Congress finds the following:
(1) The Great Lakes shipping industry is crucial to
the American economy, including the United States
manufacturing base, providing important economic and
national security benefits.
(2) A recent study found that the Great Lakes
shipping industry supports 237,000 jobs and tens of
billions of dollars in economic activity.
(3) United States Coast Guard icebreaking capacity is
crucial to full utilization of the Great Lakes shipping
system, as during the winter icebreaking season up to
15 percent of annual cargo loads are delivered, and
many industries would have to reduce their production
if Coast Guard icebreaking services were not provided.
(4) Six of the Coast Guard's nine icebreaking cutters
in the Great Lakes are more than 30 years old and are
frequently inoperable during the winter icebreaking
season, including those that have completed a recent
service life extension program.
(5) During the previous 10 winters, Coast Guard Great
Lakes icebreaking cutters have been inoperable for an
average of 65 cutter-days during the winter icebreaking
season, with this annual lost capability exceeding 100
cutter days, with a high of 246 cutter days during the
winter of 2017-2018.
(6) The 2019 ice season provides further proof that
current Coast Guard icebreaking capacity is inadequate
for the needs of the Great Lakes shipping industry, as
only six of the nine icebreaking cutters are
operational, and millions of tons of cargo was not
loaded or was delayed due to inadequate Coast Guard
icebreaking assets during a historically average winter
for Great Lakes ice coverage.
(7) The Congress has authorized the Coast Guard to
acquire a new Great Lakes icebreaker as capable as
Coast Guard Cutter Mackinaw (WLBB-30), the most capable
Great Lakes icebreaker, and $10 million has been
appropriated to fund the design and initial acquisition
work for this icebreaker.
(8) The Coast Guard has not initiated a new
acquisition program for this Great Lakes icebreaker.
(b) Sense of the Congress.--It is the sense of the Congress
of the United States that a new Coast Guard icebreaker as
capable as Coast Guard Cutter Mackinaw (WLBB-30) is needed on
the Great Lakes, and the Coast Guard should acquire this
icebreaker as soon as possible.
SEC. 1007. PROCUREMENT AUTHORITY FOR GREAT LAKES ICEBREAKER.
(a) In General.--Of the amounts authorized to be appropriated
by section 4902(2)(A)(ii) of title 14, United States Code, as
amended by section 1001 of this division, $160,000,000 for
fiscal year 2021 is authorized for the acquisition of a Great
Lakes icebreaker at least as capable as USCGC Mackinaw (WLBB-
30).
(b) Report.--Not later than 30 days after the date of the
enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a plan for acquiring an
icebreaker as required by section 820(b) of the Frank LoBiondo
Coast Guard Authorization Act of 2018 (Public Law 115-282).
SEC. 1008. POLAR SECURITY CUTTER ACQUISITION REPORT.
Not later than 1 year after the date of the enactment of this
Act, the Commandant shall submit to the Committees on
Transportation and Infrastructure and Armed Services of the
House of Representatives, and the Committees on Commerce,
Science, and Transportation and Armed Services of the Senate a
report on--
(1) the extent to which specifications, key drawings,
and detail design for the Polar Security Cutter are
complete before the start of construction;
(2) the extent to which Polar Security Cutter hulls
numbers one, two, and three are science ready; and
(3) what actions will be taken to ensure that Polar
Security Cutter hull number four is science capable, as
described in the National Academies of Sciences,
Engineering, and Medicine's Committee on Polar
Icebreaker Cost Assessment letter report entitled
``Acquisition and Operation of Polar Icebreakers:
Fulfilling the Nation's Needs'' and dated July 11,
2017.
SEC. 1009. SHORESIDE INFRASTRUCTURE.
Of the amounts authorized to be appropriated by section
4902(2)(A) of title 14, United States Code, as amended by
section 1001 of this division, for each of fiscal years 2020
and 2021, $167,500,000 is authorized for the Secretary of the
department in which the Coast Guard is operating to fund the
acquisition, construction, rebuilding, or improvement of the
Coast Guard shoreside infrastructure and facilities necessary
to support Coast Guard operations and readiness.
SEC. 1010. MAJOR ACQUISITION SYSTEMS INFRASTRUCTURE.
Of the amounts authorized to be appropriated by section
4902(2)(A)(ii) of title 14, United States Code, as amended by
section 1001 of this division, $105,000,000 is authorized for
the hangar replacement listed in the fiscal year 2020 Unfunded
Priority List.
SEC. 1011. POLAR ICEBREAKERS.
(a) In General.--Section 561 of title 14, United States Code,
is amended to read as follows:
``Sec. 561. Icebreaking in polar regions
``(a) Procurement Authority.--
``(1) In general.--The Secretary may enter into one
or more contracts for the procurement of--
``(A) the Polar Security Cutters approved as
part of a major acquisition program as of
November 1, 2019; and
``(B) 3 additional Polar Security Cutters.
``(2) Condition for out-year contract payments.--A
contract entered into under paragraph (1) shall provide
that any obligation of the United States to make a
payment under the contract during a fiscal year after
fiscal year 2019 is subject to the availability of
appropriations or funds for that purpose for such later
fiscal year.
``(b) Planning.--The Secretary shall facilitate planning for
the design, procurement, maintenance, deployment, and operation
of icebreakers as needed to support the statutory missions of
the Coast Guard in the polar regions by allocating all funds to
support icebreaking operations in such regions, except for
recurring incremental costs associated with specific projects,
to the Coast Guard.
``(c) Reimbursement.--Nothing in this section shall preclude
the Secretary from seeking reimbursement for operation and
maintenance costs of the Polar Star, Healy, or any other Polar
Security Cutter from other Federal agencies and entities,
including foreign countries, that benefit from the use of those
vessels.
``(d) Restriction.--
``(1) In general.--The Commandant may not--
``(A) transfer, relinquish ownership of,
dismantle, or recycle the Polar Sea or Polar
Star;
``(B) change the current homeport of the
Polar Sea or Polar Star; or
``(C) expend any funds--
``(i) for any expenses directly or
indirectly associated with the
decommissioning of the Polar Sea or
Polar Star, including expenses for dock
use or other goods and services;
``(ii) for any personnel expenses
directly or indirectly associated with
the decommissioning of the Polar Sea or
Polar Star, including expenses for a
decommissioning officer;
``(iii) for any expenses associated
with a decommissioning ceremony for the
Polar Sea or Polar Star;
``(iv) to appoint a decommissioning
officer to be affiliated with the Polar
Sea or Polar Star; or
``(v) to place the Polar Sea or Polar
Star in inactive status.
``(2) Sunset.--This subsection shall cease to have
effect on September 30, 2022.
``(e) Limitation.--
``(1) In general.--The Secretary may not expend
amounts appropriated for the Coast Guard for any of
fiscal years 2015 through 2024, for--
``(A) design activities related to a
capability of a Polar Security Cutter that is
based solely on an operational requirement of a
Federal department or agency other than the
Coast Guard, except for amounts appropriated
for design activities for a fiscal year before
fiscal year 2016; or
``(B) long-lead-time materials, production,
or postdelivery activities related to such a
capability.
``(2) Other amounts.--Amounts made available to the
Secretary under an agreement with a Federal department
or agency other than the Coast Guard and expended on a
capability of a Polar Security Cutter that is based
solely on an operational requirement of such Federal
department or agency shall not be treated as amounts
expended by the Secretary for purposes of the
limitation under paragraph (1).
``(f) Enhanced Maintenance Program for the Polar Star.--
``(1) In general.--Subject to the availability of
appropriations, the Commandant shall conduct an
enhanced maintenance program on the Polar Star to
extend the service life of such vessel until at least
December 31, 2025.
``(2) Authorization of appropriations.--The
Commandant may use funds made available pursuant to
section 4902(1)(A), to carry out this subsection.
``(g) Definitions.--In this section:
``(1) Polar sea.--The term `Polar Sea' means Coast
Guard Cutter Polar Sea (WAGB 11).
``(2) Polar star.--The term `Polar Star' means Coast
Guard Cutter Polar Star (WAGB 10).
``(3) Healy.--The term `Healy' means Coast Guard
Cutter Healy (WAGB 20).''.
(b) Contracting for Major Acquisitions Programs.--Section
1137(a) of title 14, United States Code, is amended by
inserting ``and 3 Polar Security Cutters in addition to those
approved as part of a major acquisition program on November 1,
2019'' before the period at the end.
(c) Repeals.--
(1) Coast guard and maritime transportation act of
2006.--Section 210 of the Coast Guard and Maritime
Transportation Act of 2006 (14 U.S.C. 504 note) is
repealed.
(2) Coast guard and maritime transportation act of
2012.--Section 222 of the Coast Guard and Maritime
Transportation Act of 2012 (Public Law 112-213) is
repealed.
(3) Howard coble coast guard and maritime
transportation act of 2014.--Section 505 of the Howard
Coble Coast Guard and Maritime Transportation Act of
2014 (Public Law 113-281) is repealed.
(4) Frank lobiondo coast guard authorization act of
2018.--Section 821 of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is
repealed.
SEC. 1012. ACQUISITION OF FAST RESPONSE CUTTER.
(a) In General.--Of the amounts authorized to be appropriated
under section 4902(2)(A)(ii) of title 14, United States Code,
as amended by section 1001 of this division, $265,000,000 for
fiscal year 2021 shall be made available for the acquisition of
four Fast Responses Cutters.
(b) Treatment of Acquired Cutters.--Any cutter acquired
pursuant to subsection (a) shall be in addition to the 58
cutters approved under the existing acquisition baseline.
TITLE II--COAST GUARD
Subtitle A--Military Personnel Matters
SEC. 2101. GRADE ON RETIREMENT.
(a) Retirement of Commandant or Vice Commandant.--Section 303
of title 14, United States Code, is amended by adding at the
end the following:
``(d) Retirement under this section is subject to section
2501(a) of this title.''.
(b) Retirement.--Section 306 of title 14, United States Code,
is amended--
(1) in subsection (a), by inserting ``satisfactorily,
as determined under section 2501 of this title'' before
the period;
(2) in subsection (b), by inserting ``satisfactorily,
as determined under section 2501 of this title'' before
the period; and
(3) in subsection (c), by inserting ``if performance
of duties in such grade is determined to have been
satisfactory pursuant to section 2501 of this title''
before the period.
(c) Grade on Retirement.--Section 2501 of title 14, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Any commissioned officer,
other than a commissioned warrant officer,''
and inserting ``Commissioned Officers.--
``(1) In general.--A commissioned officer'';
(B) by striking ``him'' and inserting ``the
commissioned officer'';
(C) by striking ``his'' and inserting ``the
commissioned officer's''; and
(D) by adding at the end the following:
``(2) Conditional determination.--When a commissioned
officer is under investigation for alleged misconduct
at the time of retirement--
``(A) the Secretary may conditionally
determine the highest grade of satisfactory
service of the commissioned officer pending
completion of the investigation; and
``(B) the grade under subparagraph (A) is
subject to resolution under subsection
(c)(2).'';
(2) in subsection (b)--
(A) by inserting ``Warrant Officers.--''
after ``(b)'';
(B) by striking ``him'' and inserting ``the
warrant officer''; and
(C) by striking ``his'' and inserting ``the
warrant officer's''; and
(3) by adding at the end the following:
``(c) Retirement in Lower Grade.--
``(1) Misconduct in lower grade.--In the case of a
commissioned officer whom the Secretary determines
committed misconduct in a lower grade, the Secretary
may determine the commissioned officer has not served
satisfactorily in any grade equal to or higher than
that lower grade.
``(2) Adverse findings.--A determination of the
retired grade of a commissioned officer shall be
resolved following a conditional determination under
subsection (a)(2) if the investigation of or personnel
action against the commissioned officer results in
adverse findings.
``(3) Recalculation of retired pay.--If the retired
grade of a commissioned officer is reduced pursuant to
this subsection, the retired pay of the commissioned
officer shall be recalculated under chapter 71 of title
10, and any modification of the retired pay of the
commissioned officer shall go into effect on the
effective date of the reduction in retired grade.
``(d) Finality of Retired Grade Determinations.--
``(1) In general.--Except as provided in paragraph
(2), a determination of the retired grade of a
commissioned officer under this section is
administratively final on the day the commissioned
officer is retired, and may not be reopened.
``(2) Reopening determinations.--A determination of
the retired grade of a commissioned officer may be
reopened if--
``(A) the retirement or retired grade of the
commissioned officer was procured by fraud;
``(B) substantial evidence comes to light
after the retirement that could have led to a
lower retired grade under this section and such
evidence was known by competent authority at
the time of retirement;
``(C) a mistake of law or calculation was
made in the determination of the retired grade;
``(D) in the case of a retired grade
following a conditional determination under
subsection (a)(2), the investigation of or
personnel action against the commissioned
officer results in adverse findings; or
``(E) the Secretary determines, under
regulations prescribed by the Secretary, that
good cause exists to reopen the determination.
``(3) Requirements.--If a determination of the
retired grade of a commissioned officer is reopened
under paragraph (2), the Secretary--
``(A) shall notify the commissioned officer
of the reopening; and
``(B) may not make an adverse determination
on the retired grade of the commissioned
officer until the commissioned officer has had
a reasonable opportunity to respond regarding
the basis of the reopening.
``(4) Recalculation of retired pay.--If the retired
grade of a commissioned officer is reduced through the
reopening of the commissioned officer's retired grade
under paragraph (2), the retired pay of the
commissioned officer shall be recalculated under
chapter 71 of title 10, and any modification of the
retired pay of the commissioned officer shall go into
effect on the effective date of the reduction in
retired grade.
``(e) Inapplicability to Commissioned Warrant Officers.--This
section, including subsection (b), shall not apply to
commissioned warrant officers.''.
SEC. 2102. AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION BOARD
CONSIDERATION.
(a) Eligibility of Officers for Consideration for
Promotion.--Section 2113 of title 14, United States Code, is
amended by adding at the end the following:
``(g)(1) Notwithstanding subsection (a), the Commandant may
provide that an officer may, upon the officer's request and
with the approval of the Commandant, be excluded from
consideration by a selection board convened under section 2106.
``(2) The Commandant shall approve a request 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 Coast Guard, a career progression requirement
delayed by the assignment or education, or a qualifying
personal or professional circumstance, as determined by
the Commandant;
``(B) the Commandant determines the exclusion from
consideration is in the best interest of the Coast
Guard; and
``(C) the officer has not previously failed of
selection for promotion to the grade for which the
officer requests the exclusion from consideration.''.
(b) Eligibility of Reserve Officer for Promotion.--Section
3743 of title 14, United States Code, is amended to read as
follows:
``Sec. 3743. Eligibility for promotion
``(a) In General.--Except as provided in subsection (b), a
Reserve officer is eligible for consideration for promotion and
for promotion under this subchapter if that officer is in an
active status.
``(b) Exception.--A Reserve officer who has been considered
but not recommended for retention in an active status by a
board convened under subsection 3752(a) of this title is not
eligible for consideration for promotion.
``(c) Request for Exclusion.--
``(1) In general.--The Commandant may provide that an
officer may, upon the officer's request and with the
approval of the Commandant, be excluded from
consideration by a selection board convened under
section 3740(b) of this title to consider officers for
promotion to the next higher grade.
``(2) Approval of request.--The Commandant shall
approve a request under paragraph (1) only if--
``(A) the basis for the request is to allow
an officer to complete a broadening assignment,
advanced education, another assignment of
significant value to the Coast Guard, a career
progression requirement delayed by the
assignment or education, or a qualifying
personal or professional circumstance, as
determined by the Commandant;
``(B) the Commandant determines the exclusion
from consideration is in the best interest of
the Coast Guard; and
``(C) the officer has not previously failed
of selection for promotion to the grade for
which the officer requests the exclusion from
consideration.''.
SEC. 2103. TEMPORARY PROMOTION AUTHORITY FOR OFFICERS IN CERTAIN GRADES
WITH CRITICAL SKILLS.
(a) In General.--Subchapter I of chapter 21 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 2130. Promotion to certain grades for officers with critical
skills: captain, commander, lieutenant commander,
lieutenant
``(a) In General.--An officer in the grade of lieutenant
(junior grade), lieutenant, lieutenant commander, or commander
who is described in subsection (b) may be temporarily promoted
to the grade of lieutenant, lieutenant commander, commander, or
captain under regulations prescribed by the Secretary.
Appointments under this section shall be made by the President,
by and with the advice and consent of the Senate.
``(b) Covered Officers.--An officer described in this
subsection is any officer in a grade specified in subsection
(a) who--
``(1) has a skill in which the Coast Guard has a
critical shortage of personnel (as determined by the
Secretary); and
``(2) is serving in a position (as determined by the
Secretary) that--
``(A) is designated to be held by a
lieutenant, lieutenant commander, commander, or
captain; and
``(B) requires that an officer serving in
such position have the skill possessed by such
officer.
``(c) Preservation of Position and Status of Officers
Appointed.--
``(1) The temporary positions authorized under this
section shall not be counted among or included in the
list of positions on the active duty promotion list.
``(2) An appointment under this section does not
change the position on the active duty list or the
permanent, probationary, or acting status of the
officer so appointed, prejudice the officer in regard
to other promotions or appointments, or abridge the
rights or benefits of the officer.
``(d) Board Recommendation Required.--A temporary promotion
under this section may be made only upon the recommendation of
a board of officers convened by the Secretary for the purpose
of recommending officers for such promotions.
``(e) Acceptance and Effective Date of Appointment.--Each
appointment under this section, unless expressly declined, is,
without formal acceptance, regarded as accepted on the date
such appointment is made, and a member so appointed is entitled
to the pay and allowances of the grade of the temporary
promotion under this section beginning on the date the
appointment is made.
``(f) Termination of Appointment.--Unless sooner terminated,
an appointment under this section terminates--
``(1) on the date the officer who received the
appointment is promoted to the permanent grade of
lieutenant, lieutenant commander, commander, or
captain;
``(2) on the date the officer is detached from a
position described in subsection (b)(2), unless the
officer is on a promotion list to the permanent grade
of lieutenant, lieutenant commander, commander, or
captain, in which case the appointment terminates on
the date the officer is promoted to that grade;
``(3) when the appointment officer determines that
the officer who received the appointment has engaged in
misconduct or has displayed substandard performance; or
``(4) when otherwise determined by the Commandant to
be in the best interests of the Coast Guard.
``(g) Limitation on Number of Eligible Positions.--An
appointment under this section may only be made for service in
a position designated by the Secretary for the purposes of this
section. The number of positions so designated may not exceed
the following percentages of the respective grades:
``(1) As lieutenant, 0.5 percent.
``(2) As lieutenant commander, 3.0 percent.
``(3) As commander, 2.6 percent.
``(4) As captain, 2.6 percent.''.
(b) Clerical Amendment.--The analysis for subchapter I of
chapter 21 of title 14, United States Code, is amended by
adding at the end the following:
``2130. Promotion to certain grades for officers with critical skills:
captain, commander, lieutenant commander, lieutenant.''.
SEC. 2104. CAREER INTERMISSION PROGRAM.
(a) In General.--Subchapter I of chapter 25 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 2514. Career flexibility to enhance retention of members
``(a) Programs Authorized.--The Commandant may carry out a
program under which members of the Coast Guard may be
inactivated from active service in order to meet personal or
professional needs and returned to active service at the end of
such period of inactivation from active service.
``(b) Period of Inactivation From Active Service; Effect of
Inactivation.--
``(1) In general.--The period of inactivation from
active service under a program under this section of a
member participating in the program shall be such
period as the Commandant shall specify in the agreement
of the member under subsection (c), except that such
period may not exceed 3 years.
``(2) Exclusion from years of service.--Any service
by a Reserve officer while participating in a program
under this section shall be excluded from computation
of the total years of service of that officer pursuant
to section 14706(a) of title 10.
``(3) Exclusion from retirement.--Any period of
participation of a member in a program under this
section shall not count toward--
``(A) eligibility for retirement or transfer
to the Ready Reserve under either chapter 841
or 1223 of title 10; or
``(B) computation of retired or retainer pay
under chapter 71 or 1223 of title 10.
``(c) Agreement.--Each member of the Coast Guard who
participates in a program under this section shall enter into a
written agreement with the Commandant under which that member
shall agree as follows:
``(1) To accept an appointment or enlist, as
applicable, and serve in the Coast Guard Ready Reserve
during the period of the inactivation of the member
from active service under the program.
``(2) To undergo during the period of the
inactivation of the member from active service under
the program such inactive service training as the
Commandant shall require in order to ensure that the
member retains proficiency, at a level determined by
the Commandant to be sufficient, in the military
skills, professional qualifications, and physical
readiness of the member during the inactivation of the
member from active service.
``(3) Following completion of the period of the
inactivation of the member from active service under
the program, to serve 2 months as a member of the Coast
Guard on active service for each month of the period of
the inactivation of the member from active service
under the program.
``(d) Conditions of Release.--The Commandant shall prescribe
regulations specifying the guidelines regarding the conditions
of release that must be considered and addressed in the
agreement required by subsection (c). At a minimum, the
Commandant shall prescribe the procedures and standards to be
used to instruct a member on the obligations to be assumed by
the member under paragraph (2) of such subsection while the
member is released from active service.
``(e) Order to Active Service.--Under regulations prescribed
by the Commandant, a member of the Coast Guard participating in
a program under this section may, in the discretion of the
Commandant, be required to terminate participation in the
program and be ordered to active service.
``(f) Pay and Allowances.--
``(1) Basic pay.--During each month of participation
in a program under this section, a member 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 member would otherwise
be entitled under section 204 of title 37 as a member
of the uniformed services on active service in the
grade and years of service of the member when the
member commences participation in the program.
``(2) Special or incentive pay or bonus.--
``(A) Prohibition.--A member who participates
in such a program shall not, while
participating in the program, be paid any
special or incentive pay or bonus to which the
member is otherwise entitled under an agreement
under chapter 5 of title 37 that is in force
when the member commences participation in the
program.
``(B) Not treated as failure to perform
services.--The inactivation from active service
of a member participating in a program shall
not be treated as a failure of the member to
perform any period of service required of the
member in connection with an agreement for a
special or incentive pay or bonus under chapter
5 of title 37 that is in force when the member
commences participation in the program.
``(3) Return to active service.--
``(A) Special or incentive pay or bonus.--
Subject to subparagraph (B), upon the return of
a member to active service after completion by
the member of participation in a program--
``(i) any agreement entered into by
the member under chapter 5 of title 37
for the payment of a special or
incentive pay or bonus that was in
force when the member 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 member commenced
participation in the program; and
``(ii) any special or incentive pay
or bonus shall be payable to the member
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 such subparagraph with
respect to a member if, at the time of
the return of the member to active
service as described in that
subparagraph--
``(I) such pay or bonus is no
longer authorized by law; or
``(II) the member does not
satisfy eligibility criteria
for such pay or bonus as in
effect at the time of the
return of the member to active
service.
``(ii) Pay or bonus ceases being
authorized.--Subparagraph (A) shall
cease to apply to any special or
incentive pay or bonus otherwise
covered by such subparagraph with
respect to a member if, during the term
of the revived agreement of the member
under subparagraph (A)(i), such pay or
bonus ceases being authorized by law.
``(C) Repayment.--A member 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 member under
chapter 5 of title 37.
``(D) Required service is additional.--Any
service required of a member under an agreement
covered by this paragraph after the member
returns to active service as described in
subparagraph (A) shall be in addition to any
service required of the member under an
agreement under subsection (c).
``(4) Travel and transportation allowance.--
``(A) In general.--Subject to subparagraph
(B), a member who participates in a program is
entitled, while participating in the program,
to the travel and transportation allowances
authorized by section 474 of title 37 for--
``(i) travel performed from the
residence of the member, at the time of
release from active service to
participate in the program, to the
location in the United States
designated by the member as the
member's residence during the period of
participation in the program; and
``(ii) travel performed to the
residence of the member upon return to
active service at the end of the
participation of the member in the
program.
``(B) Single residence.--An allowance is
payable under this paragraph only with respect
to travel of a member to and from a single
residence.
``(5) Leave balance.--A member who participates in a
program is entitled to carry forward the leave balance
existing as of the day on which the member begins
participation and accumulated in accordance with
section 701 of title 10, but not to exceed 60 days.
``(g) Promotion.--
``(1) Officers.--
``(A) 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 chapter
21 or 37 of this title.
``(B) Return to service.--Upon the return of
an officer to active service after completion
by the officer of participation in a program--
``(i) the Commandant may adjust the
date of rank of the officer in such
manner as the Commandant may prescribe
in regulations for purposes of this
section; and
``(ii) 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.
``(2) Enlisted members.--An enlisted member
participating in a program under this section shall not
be eligible for consideration for advancement during
the period that--
``(A) begins on the date of the inactivation
of the member from active service under the
program; and
``(B) ends at such time after the return of
the member to active service under the program
that the member is treatable as eligible for
promotion by reason of time in grade and such
other requirements as the Commandant shall
prescribe in regulations for purposes of the
program.
``(h) Continued Entitlements.--A member participating in a
program under this section shall, while participating in the
program, be treated as a member of the Armed Forces on active
duty for a period of more than 30 days for purposes of--
``(1) the entitlement of the member and of the
dependents of the member 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 chapter 61 of title
10 and chapters 21 and 23 of this title.''.
(b) Clerical Amendment.--The analysis for subchapter I of
chapter 25 of title 14, United States Code, is amended by
adding at the end the following:
``2514. Career flexibility to enhance retention of members.''.
SEC. 2105. DIRECT COMMISSIONING AUTHORITY FOR INDIVIDUALS WITH CRITICAL
SKILLS.
(a) In General.--Subchapter II of chapter 37 of title 14,
United States Code, is amended by inserting after section 3738
the following:
``Sec. 3738a. Direct commissioning authority for individuals with
critical skills
``An individual with critical skills that the Commandant
considers necessary for the Coast Guard to complete its
missions who is not currently serving as an officer in the
Coast Guard may be commissioned into the Coast Guard at a grade
up to and including commander.''.
(b) Clerical Amendment.--The analysis for subchapter II of
chapter 37 of title 14, United States Code, is amended by
inserting after the item relating to section 3738 the
following:
``3738a. Direct commissioning authority for individuals with critical
skills.''.
(c) Technical Amendment.--The heading for the first chapter
of subtitle III of title 14, United States Code, is amended by
striking ``CHAPTER 1'' and inserting ``CHAPTER 37''.
SEC. 2106. EMPLOYMENT ASSISTANCE.
(a) In General.--Subchapter I of chapter 27 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 2713. Employment assistance
``(a) In General.--In order to improve the accuracy and
completeness of a certification or verification of job skills
and experience required by section 1143(a)(1) of title 10, the
Secretary shall--
``(1) establish a database to record all training
performed by members of the Coast Guard that may have
application to employment in the civilian sector; and
``(2) make unclassified information regarding such
information available to States and other potential
employers referred to in section 1143(c) of title 10 so
that States and other potential employers may allow
military training to satisfy licensing or certification
requirements to engage in a civilian profession.
``(b) Form of Certification or Verification.--The Secretary
shall ensure that a certification or verification of job skills
and experience required by section 1143(a)(1) of title 10 is
rendered in such a way that States and other potential
employers can confirm the accuracy and authenticity of the
certification or verification.
``(c) Requests by States.--A State may request that the
Secretary confirm the accuracy and authenticity of a
certification or verification of job skills and experience
provided under section 1143(c) of title 10.''.
(b) Clerical Amendment.--The analysis for such subchapter is
amended by adding at the end the following:
``2713. Employment assistance.''.
Subtitle B--Organization and Management Matters
SEC. 2201. CONGRESSIONAL AFFAIRS; DIRECTOR.
(a) In General.--Chapter 3 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 321. Congressional affairs; Director
``The Commandant shall appoint a Director of Congressional
Affairs from among officers of the Coast Guard who are in a
grade above captain. The Director of Congressional Affairs is
separate and distinct from the Director of Governmental and
Public Affairs for the Coast Guard and is the principal advisor
to the Commandant on all congressional and legislative matters
for the Coast Guard and may have such additional functions as
the Commandant may direct.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title
14, United States Code, is amended by adding at the end the
following:
``321. Congressional affairs; Director.''.
SEC. 2202. LIMITATIONS ON CLAIMS.
(a) Admiralty Claims.--Section 937(a) of title 14, United
States Code, is amended by striking ``$100,000'' and inserting
``$425,000''.
(b) Claims for Damage to Property of the United States.--
Section 938 of title 14, United States Code, is amended by
striking ``$100,000'' and inserting ``$425,000''.
SEC. 2203. RENEWAL OF TEMPORARY EARLY RETIREMENT AUTHORITY.
Section 219 of the Coast Guard and Maritime Transportation
Act of 2012 (Public Law 112-213; 10 U.S.C. 1293 note) is
amended--
(1) in the matter preceding paragraph (1), by
striking ``For fiscal years 2013 through 2018'' and
inserting ``For fiscal years 2019 through 2025''; and
(2) in paragraph (1), by striking ``subsection
(c)(2)(A)'' and inserting ``subsection (c)(1)''.
SEC. 2204. MAJOR ACQUISITIONS; OPERATION AND SUSTAINMENT COSTS.
Section 5103(e)(3) of title 14, United States Code, is
amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the
following:
``(B) operate and sustain the cutters and
aircraft described in paragraph (2);''.
SEC. 2205. SUPPORT OF WOMEN SERVING IN THE COAST GUARD.
(a) Action Plan.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Commandant
shall--
(A) determine which recommendations in the
RAND gender diversity report can practicably be
implemented to promote gender diversity in the
Coast Guard; and
(B) submit to the Committee on Transportation
and Infrastructure of the House of
Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a
report on the actions the Coast Guard has
taken, or plans to take, to implement such
recommendations.
(2) Curriculum and training.--The Commandant shall
update curriculum and training materials used at--
(A) officer accession points, including the
Coast Guard Academy and the Leadership
Development Center;
(B) enlisted member accession at the United
States Coast Guard Training Center Cape May in
Cape May, New Jersey; and
(C) the officer, enlisted member, and
civilian leadership courses managed by the
Leadership Development Center.
Such updates shall reflect actions the Coast Guard has
taken, or plans to take, to carry out the
recommendations of the RAND gender diversity report.
(3) Definition.--In this subsection, the term ``RAND
gender diversity report'' means the RAND Corporation's
Homeland Security Operational Analysis Center 2019
report entitled ``Improving Gender Diversity in the
U.S. Coast Guard: Identifying Barriers to Female
Retention''.
(b) Advisory Board on Women at the Coast Guard Academy.--
Chapter 19 of title 14, United States Code, is amended--
(1) by redesignating section 1904 as section 1906;
(2) by inserting after section 1903 the following:
``Sec. 1904. Advisory Board on Women at the Coast Guard Academy
``(a) In General.--The Superintendent of the Academy shall
establish at the Coast Guard Academy an advisory board to be
known as the Advisory Board on Women at the Coast Guard Academy
(referred to in this section as the `Advisory Board').
``(b) Membership.--The Advisory Board shall be composed of
not fewer than 12 current cadets of the Coast Guard Academy,
including not fewer than 3 cadets from each current class.
``(c) Appointment; Term.--Cadets shall serve on the Advisory
Board pursuant to appointment by the Superintendent of the
Academy. Appointments shall be made not later than 60 days
after the date of the swearing in of a new class of cadets at
the Academy. The term of membership of a cadet on the Advisory
Board shall be 1 academic year.
``(d) Reappointment.--The Superintendent of the Academy may
reappoint not more than 6 cadets from the previous term to
serve on the Advisory Board for an additional academic year if
the Superintendent of the Academy determines such reappointment
to be in the best interests of the Coast Guard Academy.
``(e) Meetings.--The Advisory Board shall meet with the
Commandant at least once each academic year on the activities
of the Advisory Board. The Advisory Board shall meet in person
with the Superintendent of the Academy not less than twice each
academic year on the duties of the Advisory Board.
``(f) Duties.--The Advisory Board shall identify
opportunities and challenges facing cadets at the Academy who
are women, including an assessment of culture, leadership
development, and access to health care of cadets at the Academy
who are women.
``(g) Working Groups.--The Advisory Board may establish one
or more working groups to assist the Advisory Board in carrying
out its duties, including working groups composed in part of
cadets at the Academy who are not current members of the
Advisory Board.
``(h) Reports and Briefings.--The Advisory Board shall
regularly provide the Commandant and the Superintendent reports
and briefings on the results of its duties, including
recommendations for actions to be taken in light of such
results. Such reports and briefings may be provided in writing,
in person, or both.''; and
(3) by amending the analysis for such chapter--
(A) by amending the item relating to section
1904 to read as follows:
``1904. Advisory Board on Women at the Coast Guard Academy.''; and
(B) by adding at the end the following:
``1906. Participation in Federal, State, or other educational research
grants.''.
(c) Advisory Board on Women in the Coast Guard.--Chapter 25
of title 14, United States Code, is amended--
(1) by redesignating subchapter II as subchapter III;
(2) by inserting after subchapter I the following:
``SUBCHAPTER II--ADVISORY BOARD ON WOMEN IN THE COAST GUARD
``Sec. 2521. Advisory Board on Women in the Coast Guard
``(a) In General.--The Commandant shall establish within the
Coast Guard an Advisory Board on Women in the Coast Guard.
``(b) Membership.--The Advisory Board established under
subsection (a) shall be composed of such number of members as
the Commandant considers appropriate, selected by the
Commandant through a public selection process from among
applicants for membership on the Board. The members of the
Board shall, to the extent practicable, represent the diversity
of the Coast Guard. The members of the Committee shall include
an equal number of each of the following:
``(1) Active duty officers of the Coast Guard.
``(2) Active duty enlisted members of the Coast
Guard.
``(3) Members of the Coast Guard Reserve.
``(4) Retired members of the Coast Guard.
``(c) Duties.--The Advisory Board established under
subsection (a)--
``(1) shall advise the Commandant on improvements to
the recruitment, retention, wellbeing, and success of
women serving in the Coast Guard and attending the
Coast Guard Academy, including recommendations for the
report on gender diversity in the Coast Guard required
by section 5109 of chapter 51 of title 14;
``(2) may submit to the Commandant recommendations in
connection with its duties under this subsection,
including recommendations to implement the advice
described in paragraph (1); and
``(3) may brief Congress on its duties under this
subsection, including the advice described in paragraph
(1) and any recommendations described in paragraph
(2).''; and
(3) by amending the analysis for such chapter by
striking the items relating to subchapter II and
inserting the following:
``subchapter ii--advisory board on women in the coast guard
``2521. Advisory Board on Women in the Coast Guard.
``subchapter iii--lighthouse service
``2531. Personnel of former Lighthouse Service.''.
(d) Recurring Report.--
(1) In general.--Chapter 51 of title 14, United
States Code, is amended by adding at the end the
following:
``Sec. 5109. Report on gender diversity in the Coast Guard
``(a) In General.--Not later than January 15, 2022, and
biennially thereafter, the Commandant shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on gender diversity in
the Coast Guard.
``(b) Contents.--The report required under subsection (a)
shall contain the following:
``(1) Gender diversity overview.--An overview of
Coast Guard active duty and reserve members, including
the number of officers and enlisted members and the
percentages of men and women in each.
``(2) Recruitment and retention.--
``(A) An analysis of the changes in the
recruitment and retention of women over the
previous 2 years.
``(B) A discussion of any changes to Coast
Guard recruitment and retention over the
previous 2 years that were aimed at increasing
the recruitment and retention of female
members.
``(3) Parental leave.--
``(A) The number of men and women who took
parental leave during each year covered by the
report, including the average length of such
leave periods.
``(B) A discussion of the ways in which the
Coast Guard worked to mitigate the impacts of
parental leave on Coast Guard operations and on
the careers of the members taking such leave.
``(4) Limitations.--An analysis of current gender-
based limitations on Coast Guard career opportunities,
including discussion of--
``(A) shipboard opportunities;
``(B) opportunities to serve at remote units;
and
``(C) any other limitations on the
opportunities of female members.
``(5) Progress update.--An update on the Coast
Guard's progress on the implementation of the action
plan required under subsection (a) of section 2205 of
the Elijah E. Cummings Coast Guard Authorization Act of
2020.''.
(2) Clerical amendment.--The analysis for chapter 51
of title 14, United States Code, is amended by adding
at the end the following:
``5109. Report on gender diversity in the Coast Guard.''.
SEC. 2206. DISPOSITION OF INFRASTRUCTURE RELATED TO E-LORAN.
Section 914 of title 14, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``date'' and inserting
``later of the date of the conveyance of the
properties directed under section 533(a) of the
Coast Guard Authorization Act of 2016 (Public
Law 114-120) or the date''; and
(B) by striking ``determination by the
Secretary'' and inserting ``determination by
the Secretary of Transportation under section
312(d) of title 49''; and
(2) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Availability of proceeds.--The proceeds of such
sales, less the costs of sale incurred by the General
Services Administration, shall be deposited into the
Coast Guard Housing Fund for uses authorized under
section 2946 of this title.''.
SEC. 2207. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.
Section 2103(c)(3) of title 14, United States Code, is
amended by striking ``rear admiral (lower half)'' and inserting
``vice admiral''.
SEC. 2208. RESEARCH PROJECTS; TRANSACTIONS OTHER THAN CONTRACTS AND
GRANTS.
(a) In General.--Chapter 7 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 719. Research projects; transactions other than contracts and
grants
``(a) Additional Forms of Transactions Authorized.--
``(1) In general.--The Commandant may enter into--
``(A) transactions (other than contracts,
cooperative agreements, and grants) in carrying
out basic, applied, and advanced research
projects; and
``(B) agreements with the Director of the
Defense Advanced Research Projects Agency, the
Secretary of a military department, or any
other official designated by the Secretary of
Defense under section 2371b of title 10 to
participate in prototype projects and follow-on
production contracts or transactions that are
being carried out by such official and are
directly relevant to the Coast Guard's cyber
capability and Command, Control,
Communications, Computers, and intelligence
initiatives.
``(2) Additional authority.--The authority under this
subsection is in addition to the authority provided in
section 717 to use contracts, cooperative agreements,
and grants in carrying out such projects.
``(3) Funding.--In carrying out paragraph (1)(B), the
Commandant may use funds made available for--
``(A) operations and support;
``(B) research, development, test, and
evaluation; and
``(C) procurement, construction, and
improvement.
``(b) Advance Payments.--The authority under subsection (a)
may be exercised without regard to section 3324 of title 31.
``(c) Recovery of Funds.--
``(1) In general.--Subject to subsection (d), a
cooperative agreement for performance of basic,
applied, or advanced research authorized by section
717, and a transaction authorized by subsection (a),
may include a clause that requires a person or other
entity to make payments to the Coast Guard or any other
department or agency of the Federal Government as a
condition for receiving support under the agreement or
transaction, respectively.
``(2) Availability of funds.--The amount of any
payment received by the Federal Government pursuant to
a requirement imposed under paragraph (1) may be
credited, to the extent authorized by the Commandant,
to an appropriate appropriations account. Amounts so
credited shall be merged with other funds in the
account and shall be available for the same purposes
and the same period for which other funds in such
account are available.
``(d) Conditions.--
``(1) In general.--The Commandant shall ensure that
to the extent that the Commandant determines
practicable, no cooperative agreement containing a
clause described in subsection (c)(1), and no
transaction entered into under subsection (a), provides
for research that duplicates research being conducted
under existing programs carried out by the Coast Guard.
``(2) Other agreements not feasible.--A cooperative
agreement containing a clause described in subsection
(c)(1), or under a transaction authorized by subsection
(a), may be used for a research project only if the use
of a standard contract, grant, or cooperative agreement
for such project is not feasible or appropriate.
``(e) Education and Training.--The Commandant shall--
``(1) ensure that management, technical, and
contracting personnel of the Coast Guard involved in
the award or administration of transactions under this
section or other innovative forms of contracting are
afforded opportunities for adequate education and
training; and
``(2) establish minimum levels and requirements for
continuous and experiential learning for such
personnel, including levels and requirements for
acquisition certification programs.
``(f) Protection of Certain Information From Disclosure.--
``(1) In general.--Disclosure of information
described in paragraph (2) is not required, and may not
be compelled, under section 552 of title 5 for 5 years
after the date on which the information is received by
the Coast Guard.
``(2) Limitation.--
``(A) In general.--Paragraph (1) applies to
information described in subparagraph (B) that
is in the records of the Coast Guard only if
the information was submitted to the Coast
Guard in a competitive or noncompetitive
process having the potential for resulting in
an award, to the party submitting the
information, of a cooperative agreement for
performance of basic, applied, or advanced
research authorized by section 717 or another
transaction authorized by subsection (a).
``(B) Information described.--The information
referred to in subparagraph (A) is the
following:
``(i) A proposal, proposal abstract,
and supporting documents.
``(ii) A business plan submitted on a
confidential basis.
``(iii) Technical information
submitted on a confidential basis.
``(g) Regulations.--The Commandant shall prescribe
regulations, as necessary, to carry out this section.
``(h) Annual Report.--On the date on which the President
submits to Congress a budget pursuant to section 1105 of title
31, the Commandant shall submit to the Committees on
Appropriations and Transportation and Infrastructure of the
House of Representatives and the Committees on Appropriations
and Commerce, Science, and Transportation of the Senate a
report describing each use of the authority provided under this
section during the most recently completed fiscal year,
including details of each use consisting of--
``(1) the amount of each transaction;
``(2) the entities or organizations involved;
``(3) the product or service received;
``(4) the research project for which the product or
service was required; and
``(5) the extent of the cost sharing among Federal
Government and non-Federal sources.''.
(b) Clerical Amendment.--The analysis for chapter 7 of title
14, United States Code, is amended by adding at the end the
following:
``719. Research projects; transactions other than contracts and
grants.''.
SEC. 2209. ACQUISITION WORKFORCE AUTHORITIES.
(a) In General.--Subchapter I of chapter 11 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 1111. Acquisition workforce authorities
``(a) Expedited Hiring Authority.--
``(1) In general.--For the purposes of section 3304
of title 5, the Commandant may--
``(A) designate any category of acquisition
positions within the Coast Guard as shortage
category positions; and
``(B) use the authorities in such section to
recruit and appoint highly qualified persons
directly to positions so designated.
``(2) Reports.--The Commandant shall include in
reports under section 1102 information described in
such section regarding positions designated under this
subsection.
``(b) Reemployment Authority.--
``(1) In general.--Except as provided in paragraph
(2), if an annuitant receiving an annuity from the
Civil Service Retirement and Disability Fund becomes
employed in any category of acquisition positions
designated by the Commandant under subsection (a), the
annuity of the annuitant so employed shall continue.
The annuitant so reemployed shall not be considered an
employee for purposes of subchapter III of chapter 83
or chapter 84 of title 5.
``(2)(A) Election.--An annuitant retired under
section 8336(d)(1) or 8414(b)(1)(A) of title 5,
receiving an annuity from the Civil Service Retirement
and Disability Fund, who becomes employed in any
category of acquisition positions designated by the
Commandant under subsection (a) after the date of the
enactment of the Elijah E. Cummings Coast Guard
Authorization Act of 2020, may elect to be subject to
section 8344 or 8468 of such title (as the case may
be).
``(i) Deadline.--An election for coverage
under this subsection shall be filed not later
than 90 days after the Commandant takes
reasonable actions to notify an employee who
may file an election.
``(ii) Coverage.--If an employee files an
election under this subsection, coverage shall
be effective beginning on the first day of the
first applicable pay period beginning on or
after the date of the filing of the election.
``(B) Application.--Paragraph (1) shall apply to an
individual who is eligible to file an election under
subparagraph (A) and does not file a timely election
under clause (i) of such subparagraph.''.
(b) Clerical Amendment.--The analysis for subchapter I of
chapter 11 of title 14, United States Code, is amended by
adding at the end the following:
``1111. Acquisition workforce authorities.''.
(c) Repeal of Superseded Authority.--Section 404 of the Coast
Guard Authorization Act of 2010 (Public Law 111-281) is
repealed.
SEC. 2210. VESSEL CONVERSION, ALTERATION, AND REPAIR PROJECTS.
(a) In General.--Notwithstanding any provision of the Small
Business Act (15 U.S.C. 631 et seq.) and any regulation or
policy implementing such Act, the Commandant may use full and
open competitive procedures, as prescribed in section 2304 of
title 10, United States Code, to acquire maintenance and repair
services for vessels with a homeport in Coast Guard District
17.
(b) Applicability.--Subsection (a) shall apply only if there
are not at least 2 qualified small businesses located in Coast
Guard District 17 that are able and available to provide the
services described in such subsection.
(c) Limitation.--The full and open competitive procedures
described in subsection (a) may only be used to acquire such
services from a business located in Coast Guard District 17
that is able and available to provide such services.
SEC. 2211. MODIFICATION OF ACQUISITION PROCESS AND PROCEDURES.
(a) Extraordinary Relief.--
(1) In general.--Subchapter III of chapter 11 of
title 14, United States Code, is amended by adding at
the end the following:
``Sec. 1157. Extraordinary relief
``(a) In General.--With respect to any prime contracting
entity receiving extraordinary relief pursuant to the Act
entitled `An Act to authorize the making, amendment, and
modification of contracts to facilitate the national defense',
approved August 28, 1958 (Public Law 85-804; 50 U.S.C. 1432 et
seq.) for a major acquisition, the Secretary shall not consider
any further request by the prime contracting entity for
extraordinary relief under such Act for such major acquisition.
``(b) Inapplicability to Subcontractors.--The limitation
under subsection (a) shall not apply to subcontractors of a
prime contracting entity.
``(c) Quarterly Report.--Not less frequently than quarterly
during each fiscal year in which extraordinary relief is
approved or provided to an entity under the Act referred to in
subsection (a) for the acquisition of Offshore Patrol Cutters,
the Commandant shall provide to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that describes in detail such relief
and the compliance of the entity with the oversight measures
required as a condition of receiving such relief.''.
(3) Analysis for chapter 11.--The analysis for
chapter 11 of title 14, United States Code, is amended
by inserting after the item relating to section 1156
the following:
``1157. Extraordinary relief.''.
(b) Notice to Congress With Respect to Breach of Contract.--
Section 1135 of title 14, United States Code, is amended by
adding at the end the following:
``(d) Notice to Congress With Respect to Breach of
Contract.--Not later than 48 hours after the Commandant becomes
aware that a major acquisition contract cannot be carried out
under the terms specified in the contract, the Commandant shall
provide a written notification to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that includes--
``(1) a description of the terms of the contract that
cannot be met; and
``(2) an assessment of whether the applicable
contract officer has issued a cease and desist order to
the contractor based on the breach of such terms of the
contract.''.
SEC. 2212. ESTABLISHMENT AND PURPOSE OF FUND; DEFINITION.
Section 1461(a) of title 10, United States Code, is amended
by inserting ``and the Coast Guard'' after ``liabilities of the
Department of Defense''.
SEC. 2213. PAYMENTS FROM FUND.
Section 1463(a) of title 10, United States Code, is amended--
(1) in paragraph (1) by striking ``and Marine Corps''
and inserting ``Marine Corps, and Coast Guard'';
(2) in paragraph (2) by striking ``(other than
retired pay payable by the Secretary of Homeland
Security)''; and
(3) in paragraph (4) by inserting ``and the
Department of Homeland Security that'' after
``Department of Defense''.
SEC. 2214. DETERMINATION OF CONTRIBUTIONS TO FUND.
Section 1465 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``(a) Not'' and inserting the
following:
``(a)(1) Not''; and
(B) by adding at the end the following:
``(2) Not later than October 1, 2022, the Board of Actuaries
shall determine the amount that is the present value (as of
September 30, 2022) of future benefits payable from the Fund
that are attributable to service in the Coast Guard performed
before October 1, 2022. That amount is the original Coast Guard
unfunded liability of the Fund. The Board shall determine the
period of time over which the original Coast Guard unfunded
liability should be liquidated and shall determine an
amortization schedule for the liquidation of such liability
over that period. Contributions to the Fund for the liquidation
of the original Coast Guard unfunded liability in accordance
with such schedule shall be made as provided in section 1466(b)
of this title.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding
subparagraph (A)--
(I) by inserting ``, in
consultation with the Secretary
of the department in which the
Coast Guard is operating,''
after ``Secretary of Defense'';
and
(II) by inserting ``and Coast
Guard'' after ``Department of
Defense'';
(ii) in subparagraph (A)(ii) by
striking ``(other than the Coast
Guard)'' and inserting ``members of the
Armed Forces''; and
(iii) in subparagraph (B)(ii) by
striking ``(other than the Coast
Guard)'';
(B) in paragraph (2) by inserting ``the Coast
Guard Retired Pay account and the'' after
``appropriated to''; and
(C) in paragraph (3) by inserting ``and Coast
Guard'' after ``Department of Defense'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding
subparagraph (A) by inserting ``, in
consultation with the Secretary of the
department in which the Coast Guard is
operating,'' after ``Secretary of
Defense'';
(ii) in subparagraph (A) by striking
``(other than the Coast Guard)'' and
inserting ``members of the Armed
Forces'';
(iii) in subparagraph (B) by striking
``(other than the Coast Guard)'';
(B) in paragraph (2) by inserting ``, in
consultation with the Secretary of the
department in which the Coast Guard is
operating,'' after ``Secretary of Defense'';
(C) in paragraph (3) by inserting ``, in
consultation with the Secretary of the
department in which the Coast Guard is
operating,'' after ``Secretary of Defense'';
(4) in subsection (e) by striking ``Secretary of
Defense shall'' and inserting ``Secretary of Defense
and, with regard to the Coast Guard, the Secretary of
the department in which the Coast Guard is operating''.
SEC. 2215. PAYMENTS INTO FUND.
Section 1466 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Secretary of
Defense shall'' and inserting
``Secretary of Defense and the
Secretary of the department in which
the Coast Guard is operating, with
respect to the Coast guard, shall'';
and
(ii) by striking ``each month as the
Department of Defense contribution''
and inserting ``each month the
respective pro rata share contribution
of the Secretary of Defense and the
Secretary of the department in which
the Coast Guard is operating''; and
(B) in paragraph (1)(B) by striking ``(other
than the Coast Guard)''; and
(C) by striking the flush language following
paragraph (1)(B) and inserting the following
new subsection:
``(b) Amounts paid into the Fund under this subsection shall
be paid from funds available for as appropriate--
``(1) the pay of members of the armed forces under
the jurisdiction of the Secretary of a military
department; or
``(2) the Retired Pay appropriation for the Coast
Guard.'';
(2) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(3) in subsection (c) (as so redesignated)--
(A) in paragraph (2)(A) by striking
``liability of the Fund.'' and inserting
``liabilities of the Fund for the Department of
Defense and the Coast Guard.''; and
(B) in paragraph (3) by inserting ``and the
Secretary of the Department in which the Coast
Guard is operating'' before ``shall promptly''.
Subtitle C--Access to Child Care for Coast Guard Families
SEC. 2301. REPORT ON CHILD CARE AND SCHOOL-AGE CARE ASSISTANCE FOR
QUALIFIED FAMILIES.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on child care and school-age care
options available to qualified families.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) Financial assistance.--
(A) An assessment of--
(i) the subsidies and financial
assistance for child care and school-
age care made available by the Coast
Guard to qualified families; and
(ii) the extent to which qualified
families have taken advantage of such
subsidies and assistance.
(B) The average number of days between--
(i) the date on which an application
for a subsidy or other financial
assistance for child care or school-age
care is submitted by a qualified
family; and
(ii) upon approval of an application,
the date on which such subsidy or
assistance is received by the qualified
family.
(C) Recommendations for streamlining the
payment of such subsidies and financial
assistance.
(D) The amount of funding allocated to such
subsidies and financial assistance.
(E) The remaining costs for child care or
school-age care to qualified families that are
not covered by the Coast Guard.
(F) A description of barriers to access to
such subsidies and financial assistance.
(G) The number of qualified families that do
not receive any such subsidies or financial
assistance.
(2) Regulation of child care services.--
(A) An assessment of--
(i) the regulations of States with
respect to child care services (such as
staffing, space and furnishings,
safety, curriculum requirements, and
allowable care hours); and
(ii) the effect that differences in
such regulations may have on access to
child care for qualified families.
(B) An assessment of--
(i) the regulations of the Coast
Guard and the Department of Defense
with respect to child development
centers and other child care providers
(including school-age care providers),
and a comparison of such regulations
with similar State regulations; and
(ii) the effect that such regulations
may have on access to child care and
school-age care for qualified families.
(C) The number of qualified families, and
children, that do not have access to a Coast
Guard child development center for child care.
(3) Parity with department of defense.--The
differences between child care and school-age care
services offered by the Coast Guard and child care and
school-age care authorities of the Coast Guard and the
Department of Defense relating to the following:
(A) Authorized uses of appropriated funds for
child care and school-age care services.
(B) Access to, and total capacity of, Coast
Guard child development centers and Department
of Defense child development centers.
(C) Child care and school-age care programs
or policy.
(D) Coast Guard and Department of Defense
programs to provide additional assistance to
members and civilian employees with respect to
child care and school-age care options.
(E) Respite care programs.
(F) Nonappropriated funds.
(G) Coast Guard family child care centers.
(H) Coast Guard and Department of Defense
publicly available online resources for
families seeking military child care and
school-age care.
(4) Feasibility.--An analysis of the feasibility of
the Commandant entering into agreements with private
child care and school-age care service providers to
provide child care and school-age care for qualified
families.
(5) Availability.--An analysis of the availability of
child care and school-age care for qualified families,
including accessibility after normal work hours,
proximity, and total capacity.
(6) Recommendations.--Recommendations--
(A) to improve access to child care and
school-age care for qualified families;
(B) to ensure parity between the Coast Guard
and the Department of Defense with respect to
child care and school-age care;
(C) to expand access to child care and
school-age care for all qualified families,
including qualified families that have a child
with special needs; and
(D) to ensure that regional child care and
child development center needs at the unit,
sector, or district level are identified,
assessed, and reasonably evaluated by the
Commandant for future infrastructure needs.
(7) Other matters.--A description or analysis of any
other matter the Comptroller General considers relevant
to the improvement of expanded access to child care and
school-age care for qualified families.
SEC. 2302. REVIEW OF FAMILY SUPPORT SERVICES WEBSITE AND ONLINE
TRACKING SYSTEM.
(a) Memorandum of Understanding.--
(1) In general.--The Commandant shall enter into a
memorandum of understanding with the Secretary of
Defense to enable qualified families to access the
website at https://militarychildcare.com (or a
successor website) for purposes of Coast Guard family
access to information with respect to State-accredited
child development centers and other child care support
services as such services become available from the
Department of Defense through such website. The
memorandum shall provide for the expansion of the
geographical areas covered by such website, including
regions in which qualified families live that are not
yet covered by the program.
(2) Inclusion of child development centers accessible
under pilot program.--The information accessible
pursuant to the memorandum of understanding required by
paragraph (1) shall include information with respect to
any child development center accessible pursuant to the
pilot program under section 2304.
(3) Electronic registration, payment, and tracking
system.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall develop and
maintain an internet website of the Coast Guard
accessible to qualified families to carry out the
following activities:
(A) Register children for a Coast Guard child
development center.
(B) Make online child care payments to a
Coast Guard child development center.
(C) Track the status of a child on the wait
list of a Coast Guard child development center,
including the placement and position of the
child on the wait list.
(b) Wait List.--
(1) In general.--The Commandant shall maintain a
record of the wait list for each Coast Guard child
development center.
(2) Matters to be included.--Each record under
paragraph (1) shall include the following:
(A) The total number of children of qualified
families on the wait list.
(B) With respect to each child on the wait
list--
(i) the age of the child;
(ii) the number of days the child has
been on the wait list;
(iii) the position of the child on
the wait list;
(iv) any special needs consideration;
and
(v) information on whether a sibling
of the child is on the wait list of, or
currently enrolled in, the Coast Guard
child development center concerned.
(3) Requirement to archive.--Information placed in
the record of a Coast Guard child development center
under paragraph (1) shall be archived for a period of
not less than 10 years after the date of its placement
in the record.
SEC. 2303. STUDY AND SURVEY ON COAST GUARD CHILD CARE NEEDS.
(a) Study.--
(1) In general.--Not later than 1 year after the date
of the enactment of this Act, and for each of the 2
fiscal years thereafter, the Commandant shall conduct a
study on the child care needs of qualified families
that incorporates--
(A) the results of the survey under
subsection (b); and
(B) any other information the Commandant
considers appropriate to ensure adequate
tracking and future needs-based assessments
with respect to adequate access to Coast Guard
child development centers.
(2) Consultation.--In conducting a study under
paragraph (1), the Commandant may consult a federally
funded research and development center.
(3) Scope of data.--The data obtained through each
study under paragraph (1) shall be obtained on a
regional basis, including by Coast Guard unit, sector,
and district.
(b) Survey.--
(1) In general.--Together with each study under
subsection (a), and annually as the Commandant
considers appropriate, the Commandant shall carry out a
survey of individuals described in paragraph (2) on
access to Coast Guard child development centers.
(2) Participants.--
(A) In general.--The Commandant shall seek
the participation in the survey of the
following Coast Guard individuals:
(i) Commanding officers, regardless
of whether the commanding officers have
children.
(ii) Regular and reserve personnel.
(iii) Spouses of individuals
described in clauses (i) and (ii).
(B) Scope of participation.--Individuals
described in clauses (i) through (iii) of
subparagraph (A) shall be surveyed regardless
of whether such individuals use or have access
to Coast Guard child development centers or
other Federal child care facilities.
(C) Voluntary participation.--Participation
of any individual described in subparagraph (A)
in a survey shall be on a voluntary basis.
(c) Availability.--On request, the Commandant shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives the results of any study or
survey under this section.
SEC. 2304. PILOT PROGRAM TO EXPAND ACCESS TO CHILD CARE.
(a) In General.--Commencing not later than 60 days after the
date on which the report under section 2301 is submitted, the
Commandant shall carry out a pilot program, based on the
recommendations provided in such report, to expand access to
public or private child development centers for qualified
families.
(b) Duration.--The duration of the pilot program under
subsection (a) shall be not more than 3 years beginning on the
date on which the pilot program is established.
(c) Discharge on District Basis.--The Commandant--
(1) may carry out the pilot program on a district
basis; and
(2) shall include in the pilot program remote and
urban locations.
(d) Reservation of Child Care Slots.--As part of the pilot
program, the Commandant shall seek to enter into one or more
memoranda of understanding with one or more child development
centers to reserve slots for qualified families in locations in
which--
(1) the Coast Guard lacks a Coast Guard child
development center; or
(2) the wait lists for the nearest Coast Guard child
development center or Department of Defense child
development center, where applicable, indicate that
qualified families may not be accommodated.
(e) Annual Assessment of Results.--As part of any study
conducted pursuant to section 2303(a) after the end of the 1-
year period beginning with the commencement of the pilot
program, the Commandant shall also undertake a current
assessment of the impact of the pilot program on access to
child development centers for qualified families. The
Commandant shall include the results of any such assessment in
the results of the most current study or survey submitted
pursuant to section 2303(a).
SEC. 2305. IMPROVEMENTS TO COAST GUARD-OWNED FAMILY HOUSING.
Section 2922(b) of title 14, United States Code, is amended
by adding at the end the following:
``(4) To the maximum extent practicable, the
Commandant shall ensure that, in a location in which
Coast Guard family child care centers (as such term is
defined in section 2309 of the Elijah E. Cummings Coast
Guard Authorization Act of 2020) are necessary to meet
the demand for child care for qualified families (as
such term is defined in such section), not fewer than
two housing units are maintained in accordance with
safety inspection standards so as to accommodate family
child care providers.''.
SEC. 2306. BRIEFING ON TRANSFER OF FAMILY CHILD CARE PROVIDER
QUALIFICATIONS AND CERTIFICATIONS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall brief the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives on the feasibility of
developing a policy to allow the transfer of a Coast Guard-
mandated family child care provider qualification or
certification between Coast Guard-owned housing units if, as
determined by the Commandant--
(1) the qualification or certification is not
expired;
(2) the transfer of the qualification or
certification would not pose a danger to any child in
the care of the family child care provider; and
(3) the transfer would expedite the ability of the
family child care provider to establish, administer,
and provide family home daycare in a Coast Guard-owned
housing unit.
(b) Briefing Element.--The briefing required by subsection
(a) shall include analysis of options for transferring a Coast
Guard-mandated family child care provider qualification or
certification as described in that subsection, and of any legal
challenges associated with such transfer.
(c) Rule of Construction.--The policy under subsection (a)
shall not be construed to supersede any other applicable
Federal, State, or local law (including regulations) relating
to the provision of child care services.
SEC. 2307. INSPECTIONS OF COAST GUARD CHILD DEVELOPMENT CENTERS AND
FAMILY CHILD CARE PROVIDERS.
(a) Inspections.--Section 2923 of title 14, United States
Code, is amended by striking subsection (b) and inserting the
following:
``(b) Inspections.--
``(1) In general.--Not less than twice annually, the
Commandant shall ensure that each Coast Guard child
development center is subject to an unannounced
inspection.
``(2) Responsibility for inspections.--Of the
biannual inspections under paragraph (1)--
``(A) 1 shall be carried out by a
representative of the Coast Guard installation
served by the Coast Guard child development
center concerned; and
``(B) 1 shall be carried out by a
representative of the Coast Guard child
development services work-life programs.''.
(b) Family Child Care Providers.--
(1) In general.--Chapter 29 of title 14, United
States Code, is amended by adding at the end the
following:
``Sec. 2926. Family child care providers
``(a) In General.--Not less frequently than quarterly, the
Commandant shall ensure that each family child care provider is
subject to inspection.
``(b) Responsibility for Inspections.--Of the quarterly
inspections under subsection (a) each year--
``(1) 3 inspections shall be carried out by a
representative of the Coast Guard installation served
by the family child care provider concerned; and
``(2) 1 inspection shall be carried out by a
representative of the Coast Guard child development
services work-life programs.''.
(2) Clerical amendment.--The analysis for chapter 29
of title 14, United States Code, is amended by adding
at the end the following:
``2926. Family child care providers.''.
SEC. 2308. EXPANDING OPPORTUNITIES FOR FAMILY CHILD CARE.
Not later than 1 year after the date of the enactment of this
Act, the Commandant shall--
(1) establish a procedure to allow Coast Guard family
child care centers to occur at off-base housing,
including off-base housing owned or subsidized by the
Coast Guard; and
(2) establish a procedure to ensure that all
requirements with respect to such family child care
programs are met, including home inspections.
SEC. 2309. DEFINITIONS.
In this subtitle:
(1) Coast guard child development center.--The term
``Coast Guard child development center'' has the
meaning given that term in section 2921(3) of title 14,
United States Code.
(2) Coast guard family child care center.--The term
``Coast Guard family child care center'' means a
location at which family home daycare is provided.
(3) Family child care provider.--The term ``family
child care provider'' means an individual who provides
family home daycare.
(4) Family home daycare.--The term ``family home
daycare'' has the meaning given that term in section
2921(5) of title 14, United States Code.
(5) Qualified family.--The term ``qualified family''
means any regular, reserve, or retired member of the
Coast Guard, and any civilian employee of the Coast
Guard, with one or more dependents.
Subtitle D--Reports
SEC. 2401. MODIFICATIONS OF CERTAIN REPORTING REQUIREMENTS.
(a) Especially Hazardous Cargo.--Subsection (e) of section
70103 of title 46, United States Code, is amended to read as
follows:
``(e) Especially Hazardous Cargo.--
``(1) Enforcement of security zones.--Consistent with
other provisions of Federal law, the Coast Guard shall
coordinate and be responsible for the enforcement of
any Federal security zone established by the Coast
Guard around a vessel containing especially hazardous
cargo. The Coast Guard shall allocate available
resources so as to deter and respond to a
transportation security incident, to the maximum extent
practicable, and to protect lives or protect property
in danger.
``(2) Especially hazardous cargo defined.--In this
subsection, the term `especially hazardous cargo' means
anhydrous ammonia, ammonium nitrate, chlorine,
liquefied natural gas, liquefied petroleum gas, and any
other substance, material, or group or class of
material, in a particular amount and form that the
Secretary determines by regulation poses a significant
risk of creating a transportation security incident
while being transported in maritime commerce.''.
(b) Compliance With Security Standards.--Section 809 of the
Coast Guard and Maritime Transportation Act of 2004 (Public Law
108-293; 46 U.S.C. 70101 note) is amended by striking
subsections (g) and (i).
(c) Marine Safety Long-Term Strategy.--Section 2116 of title
46, United States Code, is amended--
(1) in subsection (a), by striking ``The strategy
shall include the issuance of a triennial plan'' and
inserting ``The 5-year strategy shall include the
issuance of a plan'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Contents of Strategy and Triennial Plans''
and inserting ``5-Year Strategy and Plan'';
(B) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``strategy and
triennial plans'' and inserting ``5-year
strategy and plan''; and
(C) in paragraph (2)--
(i) in the matter preceding
subparagraph (A), by striking
``strategy and triennial plans'' and
inserting ``5-year strategy and plan'';
and
(ii) in subparagraph (A), by striking
``plans'' and inserting ``plan'';
(3) in subsection (c)--
(A) by striking ``Beginning with fiscal year
2020 and triennially thereafter, the
Secretary'' and inserting ``Not later than 5
years after the date of the enactment of the
Elijah E. Cummings Coast Guard Authorization
Act of 2020, and every 5 years thereafter, the
Secretary''; and
(B) by striking ``triennial''; and
(4) in subsection (d)--
(A) in paragraph (1), by striking ``No less
frequently than semiannually'' and inserting
``In conjunction with the submission of the 5-
year strategy and plan''; and
(B) in paragraph (2)--
(i) in the heading, by striking
``Report to congress'' and inserting
``Periodic briefings'';
(ii) in the matter preceding
subparagraph (A), by striking ``report
triennially'' and all that follows
through ``the Senate'' and inserting
``periodically brief the Committee on
Commerce, Science, and Transportation
of the Senate and the Committee on
Transportation and Infrastructure of
the House of Representatives'';
(iii) in subparagraph (A)--
(I) by striking ``annual'';
and
(II) by striking ``for the
year covered by the report''
and inserting ``for the period
covered by the briefing''; and
(iv) in subparagraph (B)(ii), by
striking ``plans'' and inserting
``plan''.
(d) Abandoned Seafarers Fund.--Section 11113(a) of title 46,
United States Code, is amended--
(1) in paragraph (4), by striking ``On the date'' and
inserting ``Except as provided in paragraph (5), on the
date''; and
(2) by adding at the end the following:
``(5) No report required.--A report under paragraph
(4) shall not be required if there were no expenditures
from the Fund in the preceding fiscal year. The
Commandant shall notify Congress in the event a report
is not required under paragraph (4) by reason of this
paragraph.''.
(e) Major Acquisition Program Risk Assessment.--Section 5107
of title 14, United States Code, is amended--
(1) in subsection (a), by striking ``April 15 and
October 15'' and inserting ``October 15''; and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``the 2
fiscal-year quarters preceding such
assessment'' and inserting ``the previous
fiscal year'';
(B) in paragraph (3), by striking ``such 2
fiscal-year quarters'' and inserting ``such
fiscal year'';
(C) in paragraph (4), by striking ``such 2
fiscal-year quarters'' and inserting ``such
fiscal year''; and
(D) in paragraph (5), by striking ``such 2
fiscal-year quarters'' and inserting ``such
fiscal year''.
SEC. 2402. REPORT ON CYBERSECURITY WORKFORCE.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on how the Coast Guard
plans to establish a workforce with the cybersecurity expertise
to provide prevention assessments and response capacity to
Operational Technology and Industrial Control Systems in
national port and maritime environments.
(b) Contents.--The report under subsection (a) shall include
the following:
(1) A description of the number and skills of active
duty and reserve Coast Guard members expected for
initial operating capacity and full operating capacity
of the workforce described in subsection (a).
(2) A description of the career development path for
officers and enlisted members participating in the
workforce.
(3) A determination of how the workforce will fulfill
the cybersecurity needs of the Area Maritime Security
Council and United States port environments.
(4) A determination of how the workforce will
integrate with the Hunt and Incident Response and
Assessment Teams of the Cyber and Infrastructure
Security Agency of the Department of Homeland Security.
(5) An assessment of successful models used by other
Armed Forces, including the National Guard, to recruit,
maintain, and utilize a cyber workforce, including the
use of Reserve personnel for that purpose.
SEC. 2403. REPORT ON NAVIGATION AND BRIDGE RESOURCE MANAGEMENT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the training and
qualification processes of the Coast Guard for deck watch
officers, with a specific focus on basic navigation, bridge
resource management, crew rest, and qualification processes.
(b) Contents.--The report under subsection (a) shall include
the following:
(1) Recommendations for improving prearrival
training, if necessary, and an assessment of how
commercial industry best practices on prearrival
training can be incorporated into military at sea
watchkeeping.
(2) A detailed description of the deck watch officer
assessment process of the Coast Guard.
(3) A list of programs that have been approved for
credit toward merchant mariner credentials.
(4) A complete analysis of the gap between the
existing curriculum for deck watch officer training and
the Standards of Training, Certification, and
Watchkeeping for officer in charge of a navigational
watch at the operational level, Chief level, and Master
level.
(5) A complete analysis of the gap between the
existing training curriculum for deck watch officers
and the licensing requirement for 3rd mate unlimited,
Chief, and Master.
(6) An assessment of deck watch officer options to
complete the 3rd mate unlimited license and the
qualification under the Standards of Training,
Certification, and Watchkeeping for officer in charge
of a navigational watch.
(7) An assessment of senior deck watch officer
options to complete the Chief Mate and Master unlimited
license and the qualification under the Standards of
Training, Certification, and Watchkeeping for Chief
Mate and Master.
SEC. 2404. REPORT ON HELICOPTER LIFE-CYCLE SUPPORT AND
RECAPITALIZATION.
Not later than 180 days after the date of the enactment of
this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that--
(1) includes an updated fleet life-cycle analysis and
service life extension plan that includes dynamic
components, and which clearly demonstrates the mission
viability of the MH-65 through anticipated fleet
recapitalization;
(2) includes a realistic sustainment budget necessary
to achieve the operational availability rates necessary
to meet MH-65 mission requirements through fleet
recapitalization;
(3) includes an update on the status of the Coast
Guard MH-65 helicopter recapitalization; and
(4) includes a description of any alternative,
available, and cost-effective Government and civil
systems, or updates, that the Coast Guard is
considering for MH-65 operational missions, including
Coast Guard cutter deployability requirements, in the
event of delays to the future vertical lift program of
the Coast Guard.
SEC. 2405. REPORT ON COAST GUARD RESPONSE CAPABILITIES FOR CYBER
INCIDENTS ON VESSELS ENTERING PORTS OR WATERS OF
THE UNITED STATES.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the response
capabilities of the Coast Guard with respect to cyber incidents
on vessels entering ports or waters of the United States.
(b) Review.--The report under subsection (a) shall include a
review of each of the following:
(1) The number and type of commercial vessels of the
United States subject to regulations under part 104 of
title 33, Code of Federal Regulations (or any
corresponding similar regulation or ruling).
(2) Policies and guidance issued by the Commandant,
in accordance with guidelines on cyber risk management
of the International Maritime Organization, to vessels
of the United States.
(3) Measures to be taken by owners or operators of
commercial vessels of the United States to increase
cybersecurity posture on such vessels.
(4) Responses of the Commandant to cyber incidents on
vessels described in paragraph (1) prior to the date of
the enactment of this Act.
(5) Response protocols followed by personnel of the
Coast Guard to a cyber incident on any vessel described
in paragraph (1) experienced while that vessel is
traveling to ports or waters of the United States.
(6) Oversight by the Commandant of--
(A) vessel-to-facility interface, as defined
in section 101.105 of title 33, Code of Federal
Regulations (or any corresponding similar
regulation or ruling); and
(B) actions taken by the Coast Guard in
coordination with vessel and facility owners
and operators to protect commercial vessels and
port facility infrastructure from cyber attacks
and proliferation.
(7) Requirements of the Commandant for the reporting
of cyber incidents that occur on the vessels described
in paragraph (1).
(c) Recommendations and Appropriations.--The Commandant shall
include in the report under subsection (a)--
(1) recommendations--
(A) to improve cyber incident response; and
(B) for policies to address gaps identified
by the review under subsection (b); and
(2) a description of authorities and appropriations
necessary to improve the preparedness of the Coast
Guard for cyber incidents on vessels entering ports or
waters of the United States and the ability of the
Coast Guard to prevent and respond to such incidents.
(d) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex.
(e) Vessel of the United States Defined.--In this section,
the term ``vessel of the United States'' has the meaning given
such term in section 116 of title 46, United States Code.
SEC. 2406. STUDY AND REPORT ON COAST GUARD INTERDICTION OF ILLICIT
DRUGS IN TRANSIT ZONES.
(a) Findings.--Congress makes the following findings:
(1) The Coast Guard seizes an average of 1,221 pounds
of cocaine and 85 pounds of marijuana each day in the
transit zones of the Eastern Pacific Ocean, Caribbean
Sea, and Southern maritime border approaches.
(2) The Joint Interagency Task Force-South (JIATF-
South) estimates that it has a spectrum of actionable
intelligence on more than 80 percent of drug movements
into the United States from Central America and South
America.
(3) The Coast Guard must balance asset allocation
across 11 statutory missions. As such, the Coast Guard
interdicts less than 10 percent of maritime
noncommercial smuggling of illicit drugs into the
United States from Central America and South America.
(4) In 2017, the Government Accountability Office
recommended that the Commandant of the Coast Guard--
(A) develop new performance goals relating to
the interdiction of illicit drugs smuggled into
the United States, or describe the manner in
which existing goals are sufficient;
(B) report such goals to the public;
(C) assess the extent to which limitations in
performance data with respect to such goals are
documented;
(D) document measurable corrective actions
and implementation timeframes with respect to
such goals; and
(E) document efforts to monitor
implementation of such corrective actions.
(b) Study.--The Secretary of the Department in which the
Coast Guard is operating, in coordination with the Secretary of
Defense and the heads of other relevant Federal agencies, shall
conduct a study in order to identify gaps in resources that
contribute to low interdiction rates for maritime noncommercial
smuggling of illicit drugs into the United States from Central
America and South America despite having actionable
intelligence on more than 80 percent of drug movements in the
transit zones of the Eastern Pacific Ocean, Caribbean Sea, and
Southern maritime border approaches.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of the Department in which
the Coast Guard is operating shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the results of the study under
subsection (b). Such report shall include--
(1) a statement of the Coast Guard mission
requirements for drug interdiction in the Caribbean
basin;
(2) the number of maritime surveillance hours and
Coast Guard assets used in each of fiscal years 2017
through 2019 to counter the illicit trafficking of
drugs and other related threats throughout the
Caribbean basin; and
(3) a determination of whether such hours and assets
satisfied the Coast Guard mission requirements for drug
interdiction in the Caribbean basin.
(d) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex.
SEC. 2407. REPORT ON LIABILITY LIMITS SET IN SECTION 1004 OF THE OIL
POLLUTION ACT OF 1990.
Not later than 180 days after the date of the enactment of
this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report setting forth the following:
(1) Each liability limit set under section 1004 of
the Oil Pollution Act of 1990 (33 U.S.C. 2704),
including the statutory or regulatory authority
establishing such limit.
(2) If the Commandant determines that any liability
limit listed in such section should be modified--
(A) a description of the modification;
(B) a justification for such modification;
and
(C) a recommendation for legislative or
regulatory action to achieve such modification.
SEC. 2408. REPORT ON COAST GUARD DEFENSE READINESS RESOURCES
ALLOCATION.
(a) Report Required.--Not later than 180 days after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the allocation of resources by the Coast
Guard to support its defense readiness mission.
(b) Contents.--The report required by subsection (a) shall
include the following elements:
(1) Funding levels allocated by the Coast Guard to
support defense readiness missions for each of the past
10 fiscal years.
(2) Funding levels transferred or otherwise provided
by the Department of Defense to the Coast Guard in
support of the Coast Guard's defense readiness missions
for each of the past 10 fiscal years.
(3) The number of Coast Guard detachments assigned in
support of the Coast Guard's defense readiness mission
for each of the past 10 fiscal years.
(c) Assessment.--In addition to the elements detailed in
subsection (b), the report shall include an assessment of the
impacts on the Coast Guard's non-defense mission readiness and
operational capabilities due to the annual levels of
reimbursement provided by the Department of Defense to
compensate the Coast Guard for its expenses to fulfill its
defense readiness mission.
SEC. 2409. REPORT ON THE FEASIBILITY OF LIQUEFIED NATURAL GAS FUELED
VESSELS.
Not later than 1 year after the date of the enactment of this
Act, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the following:
(1) The feasibility, safety, and cost effectiveness
of using liquefied natural gas to fuel new Coast Guard
vessels.
(2) The feasibility, safety, and cost effectiveness
of converting existing vessels to run on liquefied
natural gas fuels.
(3) The operational feasibility of using liquefied
natural gas to fuel Coast Guard vessels.
SEC. 2410. COAST GUARD AUTHORITIES STUDY.
(a) In General.--The Secretary of the department in which the
Coast Guard is operating shall seek to enter into an
arrangement with the National Academy of Sciences not later
than 60 days after the date of the enactment of this Act under
which the Academy shall prepare an assessment of Coast Guard
authorities.
(b) Assessment.--The assessment under subsection (a) shall
provide--
(1) an examination of emerging issues that may
require Coast Guard oversight, regulation, or action;
(2) a description of potential limitations and
shortcomings of relying on current Coast Guard
authorities to address emerging issues; and
(3) an overview of adjustments and additions that
could be made to existing Coast Guard authorities to
fully address emerging issues.
(c) Report to the Congress.--Not later than 1 year after
entering into an arrangement with the Secretary under
subsection (a), the National Academy of Sciences shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate the assessment under
this section.
(d) Emerging Issues.--In this section, the term ``emerging
issues'' means changes in the maritime industry and environment
that in the determination of the National Academy of Sciences
are reasonably likely to occur within 10 years after the date
of the enactment of this Act, including--
(1) the introduction of new technologies in the
maritime domain;
(2) the advent of new processes or operational
activities in the maritime domain; and
(3) changes in the use of navigable waterways.
(e) Form.--The assessment required under subsection (a) shall
be submitted in unclassified form, but may contain a classified
annex.
SEC. 2411. REPORT ON EFFECTS OF CLIMATE CHANGE ON COAST GUARD.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on vulnerabilities of
Coast Guard installations and requirements resulting from
climate change over the next 20 years.
(b) Elements.--The report under subsection (a) shall include
the following:
(1) A list of the 10 most vulnerable Coast Guard
installations based on the effects of climate change,
including rising sea tides, increased flooding,
drought, desertification, wildfires, thawing
permafrost, or any other categories the Commandant
determines necessary.
(2) An overview of--
(A) mitigations that may be necessary to
ensure the continued operational viability and
to increase the resiliency of the identified
vulnerable installations; and
(B) the cost of such mitigations.
(3) A discussion of the climate-change-related
effects on the Coast Guard, including--
(A) the increase in the frequency of
humanitarian assistance and disaster relief
missions; and
(B) campaign plans, contingency plans, and
operational posture of the Coast Guard.
(4) An overview of mitigations that may be necessary
to ensure mission resiliency and the cost of such
mitigations.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex.
SEC. 2412. SHORE INFRASTRUCTURE.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall--
(1) develop a plan to standardize Coast Guard
facility condition assessments;
(2) establish shore infrastructure performance goals,
measures, and baselines to track the effectiveness of
maintenance and repair investments and provide feedback
on progress made;
(3) develop a process to routinely align the Coast
Guard shore infrastructure portfolio with mission
needs, including disposing of unneeded assets;
(4) establish guidance for planning boards to
document inputs, deliberations, and project
prioritization decisions for infrastructure maintenance
projects;
(5) employ models for Coast Guard infrastructure
asset lines for--
(A) predicting the outcome of investments in
shore infrastructure;
(B) analyzing tradeoffs; and
(C) optimizing decisions among competing
investments;
(6) include supporting details about competing
project alternatives and report tradeoffs in
congressional budget requests and related reports; and
(7) explore the development of real property
management expertise within the Coast Guard workforce,
including members of the Senior Executive Service.
(b) Briefing.--Not later than December 31, 2020, the
Commandant shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on the status of the actions required under subsection
(a).
SEC. 2413. COAST GUARD HOUSING; STATUS AND AUTHORITIES BRIEFING.
Not later than 180 days after the date of the enactment of
this Act, the Commandant shall provide to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a briefing on Coast Guard housing,
including--
(1) a description of the material condition of Coast
Guard housing facilities;
(2) the amount of current Coast Guard housing
construction and deferred maintenance backlogs;
(3) an overview of the manner in which the Coast
Guard manages and maintains housing facilities;
(4) a discussion of whether reauthorizing housing
authorities for the Coast Guard similar to those
provided in section 208 of the Coast Guard
Authorization Act of 1996 (Public Law 104-324); and
(5) recommendations regarding how the Congress could
adjust those authorities to prevent mismanagement of
Coast Guard housing facilities.
SEC. 2414. PHYSICAL ACCESS CONTROL SYSTEM REPORT.
Not later 180 days after the date of the enactment of this
Act, and annually for each of the 4 years thereafter, the
Commandant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report regarding the status of the Coast Guard's
compliance with Homeland Security Presidential Directive 12
(HSPD-12) and Federal Information Processing Standard 201
(FIPS-201), including--
(1) the status of Coast Guard efforts to field a
comprehensive Physical Access Control System at Coast
Guard installations and locations necessary to bring
the Service into compliance with HSPD-12 and FIPS-201B;
(2) the status of the selection of a technological
solution;
(3) the estimated phases and timeframe to complete
the implementation of such a system; and
(4) the estimated cost for each phase of the project.
SEC. 2415. STUDY ON CERTIFICATE OF COMPLIANCE INSPECTION PROGRAM WITH
RESPECT TO VESSELS THAT CARRY BULK LIQUEFIED GASES
AS CARGO AND LIQUEFIED NATURAL GAS TANK VESSELS.
(a) GAO Report.--
(1) In general.--Not later than 1 year after the date
of the enactment of this Act, the Comptroller General
of the United States shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives a report on the resources,
regulations, policies, protocols, and other actions
designed to carry out the Coast Guard Certificate of
Compliance program with respect to liquefied natural
gas tank vessels (including examinations under section
153.808 of title 46, Code of Federal Regulations) and
vessels that carry bulk liquefied gases as cargo
(including examinations under part 154 of title 46,
Code of Federal Regulations) for purposes of
maintaining the efficiency of examinations under that
program.
(2) Contents.--The report under paragraph (1) shall
include an assessment of the adequacy of current Coast
Guard resources, regulations, policies, and protocols
to maintain vessel examination efficiency while
carrying out the program referred to in paragraph (1)
as United States bulk liquefied gases cargo, liquefied
natural gas exports, and associated vessel traffic at
United States ports increase.
(b) National Academies Study.--
(1) In general.--Not later than 6 months after the
date on which the report required under subsection (a)
is submitted, the Commandant shall enter into an
agreement with the National Academies under which the
National Academies shall--
(A) conduct an evaluation of the constraints
and challenges to maintaining examination
efficiency under the program as United States
bulk liquefied gases cargo, liquefied natural
gas exports, and associated vessel traffic at
United States ports increase; and
(B) issue recommendations for changes to
resources, regulations, policies, and protocols
to maintain the efficiency of the program,
including analysis of the following
alternatives:
(i) Establishment of a Coast Guard
marine examination unit near the Panama
Canal to conduct inspections under the
program on liquefied natural gas tank
vessels bound for the United States,
similar to Coast Guard operations
carried out by Coast Guard Activities
Europe and Coast Guard Activities Far
East, including the effects of the
establishment of such a unit on the
domestic aspects of the program.
(ii) Management of all marine
examiners with gas carrier
qualification within each Coast Guard
District by a single Officer in Charge,
Marine Inspection (as defined in
section 50.10-10 of title 46, Code of
Federal Regulations) to improve the
efficiency of their vessel examination
assignments.
(iii) Extension of the duration of
assignment of marine examiners with a
gas carrier qualification at Coast
Guard units that most frequently
inspect vessels that carry bulk
liquefied gases as cargo and liquefied
natural gas tank vessels.
(iv) Increase in the use of civilians
to conduct and support examinations
under the program.
(v) Extension of the duration of
certificates of compliance under the
program for vessels that carry bulk
liquefied gases as cargo and liquefied
natural gas tank vessels that are less
than 10 years of age and participate in
a Coast Guard vessel quality program.
SEC. 2416. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT
ON COAST GUARD'S INTERNATIONAL PORT SECURITY
PROGRAM.
(a) GAO Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report setting forth the results of a
comprehensive review, conducted by the Comptroller General for
purposes of the report, on the Coast Guard's International Port
Security Program, including the findings, and any
recommendations for improvement of the program, of the
Comptroller General.
(b) Required Elements of Review.--The review required under
subsection (a) shall include--
(1) review of the actions of the Coast Guard under
the Coast Guard's International Port Security Program,
since 2014, to enhance foreign port inspections;
(2) review of the actions of the Coast Guard to
recognize and monitor port inspection programs of
foreign governments;
(3) identification and review of the actions the
Coast Guard takes to address any deficiencies it
observes during visits at foreign ports;
(4) identify and review the benchmarks of the Coast
Guard for measuring the effectiveness of the program;
and
(5) review of the extent to which the Coast Guard and
United States Customs and Border Protection coordinate
efforts to screen and inspect cargo at foreign ports.
SEC. 2417. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT
ON SURGE CAPACITY OF THE COAST GUARD.
(a) GAO Report.--Not later than 60 days after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report setting for the results of a
comprehensive review, conducted by the Comptroller General for
purposes of the report, on the surge capacity of the Coast
Guard to respond to a catastrophic incident (such as a
hurricane), including the findings, and any recommendations for
improvement, of the Comptroller General.
(b) Required Elements of Review.--The review required under
subsection (a) shall include--
(1) a description and review of each Coast Guard
deployment in response to a catastrophic incident after
2005;
(2) identification of best practices informed by the
deployments described in paragraph (1);
(3) a review of the ability of the surge force of the
Coast Guard to meet the demands of the response roles
in which it was serving during each deployment
described in paragraph (1);
(4) identification of any statutory or regulatory
impediments, such as adaptability, planning, training,
mobilization, or information and resource integration,
to the surge capacity of the Coast Guard in response to
a catastrophic incident;
(5) review of the impacts of a surge of the Coast
Guard in response to a catastrophic incident on the
capacity of the Coast Guard to perform its statutory
missions;
(6) review of the capability of the Coast Guard to
surge in response to concurrent or subsequent
catastrophic incidents; and
(7) review and description of existing voluntary and
involuntary deployments of Coast Guard personnel and
assets in support of a United States Customs and Border
Protection response to a national emergency (as defined
in Presidential Proclamation 9844) on the surge
capacity of the Coast Guard in the event of a
catastrophic incident.
(c) Definitions.--In this section, the terms ``catastrophic
incident'' and ``surge capacity'' have the meaning given such
terms in section 602 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 701).
SEC. 2418. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT
ON MARINE INSPECTIONS PROGRAM OF COAST GUARD.
(a) GAO Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report setting forth the results of a
comprehensive review, conducted by the Comptroller General for
purposes of the report, on the marine inspections program of
the Coast Guard, including the findings, and any
recommendations for improvement of the program, of the
Comptroller General.
(b) Required Elements of Review.--The review required under
subsection (a) shall include--
(1) an analysis of the demand for marine inspectors;
(2) an identification of the number of fully
qualified marine inspectors;
(3) a determination of whether the number of marine
inspectors identified in paragraph (2) is sufficient to
meet the demand described in paragraph (1);
(4) a review of the enlisted marine inspector
workforce compared to the civilian marine inspector
workforce and whether there is any discernable
distinction or impact between such workforces in the
performance of the marine safety mission;
(5) an evaluation of the training continuum of marine
inspectors;
(6) a description and review of what actions, if any,
the Coast Guard is taking to adapt to the current rise
in United States export of crude oil and other fuels,
such as implementing a safety inspection regime for
barges; and
(7) an analysis of extending tours of duty for marine
inspectors and increasing the number of civilian marine
inspectors.
SEC. 2419. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW AND REPORT
ON INFORMATION TECHNOLOGY PROGRAM OF COAST GUARD.
(a) GAO Report.--
(1) In general.--Not later than 1 year after the date
of the enactment of this Act, the Comptroller General
of the United States shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives a report setting forth the
results of a comprehensive review, conducted by the
Comptroller General for purposes of the report, on the
Coast Guard Command, Control, Communications,
Computers, Cyber, and Intelligence Service Center,
including the findings, and any recommendations for
improvement of the program, of the Comptroller General.
(2) Required elements of review.--The review required
under paragraph (1) shall include--
(A) analysis of how the Coast Guard manages
its information technology program, including
information technology acquisitions, to meet
its various mission needs and reporting
requirements;
(B) analysis of the adequacy of the physical
information technology infrastructure within
Coast Guard districts, including network
infrastructure, for meeting mission needs and
reporting requirements;
(C) analysis of whether and, if so, how the
Coast Guard--
(i) identifies and satisfies any
knowledge and skill requirements; and
(ii) recruits, trains, and develops
its information technology personnel;
(D) analysis of whether and, if so, how the
Coast Guard separates information technology
from operational technology for cybersecurity
purposes;
(E) analysis of how the Coast Guard intends
to update its Marine Information for Safety and
Law Enforcement system, personnel, accounting
and other databases, and implement an
electronic health records system; and
(F) analysis of the goals and acquisition
strategies for all proposed Coast Guard
enterprise-wide cloud computing service
procurements.
(b) Review on Cloud Computing.--Not later than 180 days after
the date of the enactment of this Act, the Commandant shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a detailed
description of the Coast Guard's strategy to implement cloud
computing for the entire Coast Guard, including--
(1) the goals and acquisition strategies for all
proposed enterprise-wide cloud computing service
procurements;
(2) a strategy to sustain competition and innovation
throughout the period of performance of each contract
for procurement of cloud-computing goods and services
for the Coast Guard, including defining opportunities
for multiple cloud-service providers and insertion of
new technologies;
(3) an assessment of potential threats and security
vulnerabilities of the strategy, and plans to mitigate
such risks; and
(4) an estimate of the cost and timeline to implement
cloud computing service for all Coast Guard computing.
SEC. 2420. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON
ACCESS TO HEALTH CARE BY MEMBERS OF COAST GUARD AND
DEPENDENTS.
(a) Study.--
(1) In general.--The Comptroller General of the
United States shall conduct a study that examines
access to, experience with, and needs under the TRICARE
program of members of the Coast Guard and their
dependents.
(2) Elements.--The study conducted under paragraph
(1) shall analyze the following:
(A) The record of the TRICARE program in
meeting the standards for care for primary and
specialty care for members of the Coast Guard
and dependents of those members, including
members stationed in remote units.
(B) The accuracy and update periodicity of
lists of providers under the TRICARE program in
areas serving Coast Guard families.
(C) The wait times under the TRICARE program
for appointments, specialty care, and referrals
for members of the Coast Guard and dependents
of those members.
(D) The availability of providers under the
TRICARE program in remote locations, including
providers for mental health, juvenile specialty
care, dental, and female health.
(E) The access of members of the Coast Guard
and dependents of those members to services
under the TRICARE program in comparison to the
access to such services by personnel of the
Department of Defense and dependents of such
personnel.
(F) The liaison assistance between members of
the Coast Guard and dependents of those members
and the TRICARE program provided by the Coast
Guard in comparison to such assistance provided
by the Department of Defense.
(G) How delayed access to care, timeliness of
care, and distance traveled to care may impact
personnel readiness of members of the Coast
Guard.
(H) The regions particularly impacted by lack
of access to care and recommendations to
address those access issues.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report containing the
findings, conclusions, and recommendations to improve access to
quality, timely, and effective health care for members of the
Coast Guard and dependents of those members from the study
required under subsection (a).
(c) Definitions.--In this section, the terms ``dependent''
and ``TRICARE program'' have the meanings given such terms in
section 1072 of title 10, United States Code.
SEC. 2421. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON
MEDICAL STAFFING STANDARDS AND NEEDS FOR COAST
GUARD.
(a) Study.--
(1) In general.--The Comptroller General of the
United States shall conduct a study that examines the
health care system of the Coast Guard.
(2) Elements.--The study conducted under paragraph
(1) shall analyze the following:
(A) The billets in clinics of the Coast
Guard, whether for personnel of the Coast Guard
or otherwise, including the number of billets,
vacancies, and length of vacancies.
(B) The wait times for patients to attain an
appointment for urgent care, routine physician
care, and dental care.
(C) The impact of billet vacancies on such
wait times.
(D) The ability of the Coast Guard to use
other medical personnel of the Department of
Defense, including physicians and physician
assistants, to fill provider vacancies for the
Coast Guard.
(E) The barriers, if any, to improving
coordination and access to physicians within
the health care system of the Department of
Defense.
(F) The accessibility and availability of
behavioral health medical personnel at clinics
of the Coast Guard, including personnel
available for family counseling, therapy, and
other needs.
(G) The staffing models of clinics of the
Coast Guard, including recommendations to
modernize such models.
(H) The locations and needs of Coast Guard
units with or without clinics.
(I) How access to care models for members of
the Coast Guard are managed, including models
with respect to the time and distance traveled
to receive care, the cost of that travel, and
alternate options to secure care quickly and
efficiently for members serving in units
without a clinic.
(b) Report.--
(1) In general.--Not later than 1 year after the date
of the enactment of this Act, the Comptroller General
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing the findings,
conclusions, and recommendations from the study
required under subsection (a).
(2) Elements.--The report submitted under paragraph
(1) shall include the following:
(A) An identification of the number of
members of the Coast Guard and types of units
of the Coast Guard serviced by the health care
system of the Coast Guard.
(B) An assessment of the ability of the Coast
Guard to conduct medical support at outlying
units, including remote units.
(C) An assessment of the capacity of the
Coast Guard to support surge operations using
historical data from the 10-year period
preceding the date of the report.
(D) An assessment of the impact to operations
of the Coast Guard by extended wait times or
travel times to receive care or other issues
identified by the report.
(c) Recommendations.--Not later than 90 days after the date
on which the report is submitted under subsection (b), the
Commandant shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives written recommendations for medical staffing
standards for the Coast Guard based on each finding and
conclusion contained in the report, including recommendations
for health service technicians, flight surgeons, physician
assistants, dentists, dental hygienists, family advocate
services, pharmacists, and administrators, and other
recommendations, as appropriate.
SEC. 2422. REPORT ON FAST RESPONSE CUTTERS, OFFSHORE PATROL CUTTERS,
AND NATIONAL SECURITY CUTTERS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the combination of
Fast Response Cutters, Offshore Patrol Cutters, and National
Security Cutters necessary to carry out Coast Guard missions.
(b) Elements.--The report required by subsection (a) shall
include--
(1) an updated cost estimate for each type of cutter
described in such subsection; and
(2) a cost estimate for a Sensitive Compartmented
Information Facility outfitted to manage data in a
manner equivalent to the National Security Cutter
Sensitive Compartmented Information Facilities.
Subtitle E--Coast Guard Academy Improvement Act
SEC. 2501. SHORT TITLE.
This subtitle may be cited as the ``Coast Guard Academy
Improvement Act''.
SEC. 2502. COAST GUARD ACADEMY STUDY.
(a) In General.--The Secretary of the department in which the
Coast Guard is operating shall seek to enter into an
arrangement with the National Academy of Public Administration
not later than 60 days after the date of the enactment of the
this Act under which the National Academy of Public
Administration shall--
(1) conduct an assessment of the cultural competence
of the Coast Guard Academy as an organization and of
individuals at the Coast Guard Academy to carry out
effectively the primary duties of the United States
Coast Guard listed in section 102 of title 14, United
States Code, when interacting with individuals of
different races, ethnicities, genders, religions,
sexual orientations, socioeconomic backgrounds, or from
different geographic origins; and
(2) issue recommendations based upon the findings in
such assessment.
(b) Assessment of Cultural Competence.--
(1) Cultural competence of the coast guard academy.--
The arrangement described in subsection (a) shall
require the National Academy of Public Administration
to, not later than 1 year after entering into an
arrangement with the Secretary under subsection (a),
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate the assessment described under subsection
(a)(1).
(2) Assessment scope.--The assessment described under
subsection (a)(1) shall--
(A) describe the level of cultural competence
described in subsection (a)(1) based on the
National Academy of Public Administration's
assessment of the Coast Guard Academy's
relevant practices, policies, and structures,
including an overview of discussions with
faculty, staff, students, and relevant Coast
Guard Academy affiliated organizations;
(B) examine potential changes which could be
used to further enhance such cultural
competence by--
(i) modifying institutional
practices, policies, and structures;
and
(ii) any other changes deemed
appropriate by the National Academy of
Public Administration; and
(C) make recommendations to enhance the
cultural competence of the Coast Guard Academy
described in subparagraph (A), including any
specific plans, policies, milestones,
performance measures, or other information
necessary to implement such recommendations.
(c) Final Action Memorandum.--Not later than 6 months after
submission of the assessment under subsection (b)(1), the
Commandant of the Coast Guard shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, a final action memorandum in
response to all recommendations contained in the assessment.
The final action memorandum shall include the rationale for
accepting, accepting in part, or rejecting each recommendation,
and shall specify, where applicable, actions to be taken to
implement such recommendations, including an explanation of how
each action enhances the ability of the Coast Guard to carry
out the primary duties of the United States Coast Guard listed
in section 102 of title 14, United States Code.
(d) Plan.--
(1) In general.--Not later than 6 months after the
date of the submission of the final action memorandum
required under subsection (c), the Commandant, in
coordination with the Chief Human Capital Officer of
the Department of Homeland Security, shall submit a
plan to carry out the recommendations or the parts of
the recommendations accepted in the final action
memorandum to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate.
(2) Strategy with milestones.--If any recommendation
or parts of recommendations accepted in the final
action memorandum address any of the following actions,
then the plan required in paragraph (1) shall include a
strategy with appropriate milestones to carry out such
recommendations or parts of recommendations:
(A) Improve outreach and recruitment of a
more diverse Coast Guard Academy cadet
candidate pool based on race, ethnicity,
gender, religion, sexual orientation,
socioeconomic background, and geographic
origin.
(B) Modify institutional structures,
practices, and policies to foster a more
diverse cadet corps body, faculty, and staff
workforce based on race, ethnicity, gender,
religion, sexual orientation, socioeconomic
background, and geographic origin.
(C) Modify existing or establish new policies
and safeguards to foster the retention of
cadets, faculty, and staff of different races,
ethnicities, genders, religions, sexual
orientations, socioeconomic backgrounds, and
geographic origins at the Coast Guard Academy.
(D) Restructure the admissions office of the
Coast Guard Academy to be headed by a civilian
with significant relevant higher education
recruitment experience.
(3) Implementation.--Unless otherwise directed by an
Act of Congress, the Commandant shall begin
implementation of the plan developed under this
subsection not later than 180 days after the submission
of such plan to Congress.
(4) Update.--The Commandant shall include in the
first annual report required under chapter 51 of title
14, United States Code, as amended by this division,
submitted after the date of enactment of this section,
the strategy with milestones required in paragraph (2)
and shall report annually thereafter on actions taken
and progress made in the implementation of such plan.
SEC. 2503. ANNUAL REPORT.
Chapter 51 of title 14, United States Code, is further
amended by adding at the end the following:
``Sec. 5111. Report on diversity at Coast Guard Academy
``(a) In General.--Not later than January 15, 2021, and
annually thereafter, the Commandant shall submit a report on
diversity at the Coast Guard Academy to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(b) Contents.--The report required under subsection (a)
shall include--
``(1) the status of the implementation of the plan
required under section 2502 of the Elijah E. Cummings
Coast Guard Authorization Act of 2020;
``(2) specific information on outreach and
recruitment activities for the preceding year,
including the effectiveness of the Coast Guard Academy
minority outreach team program described under section
1905 and of outreach and recruitment activities in the
territories and other possessions of the United States;
``(3) enrollment information about the incoming
class, including the gender, race, ethnicity, religion,
socioeconomic background, and State of residence of
Coast Guard Academy cadets;
``(4) information on class retention, outcomes, and
graduation rates, including the race, gender,
ethnicity, religion, socioeconomic background, and
State of residence of Coast Guard Academy cadets;
``(5) information on efforts to retain diverse
cadets, including through professional development and
professional advancement programs for staff and
faculty; and
``(6) a summary of reported allegations of
discrimination on the basis of race, color, national
origin, sex, gender, or religion for the preceding 5
years.''.
SEC. 2504. ASSESSMENT OF COAST GUARD ACADEMY ADMISSION PROCESSES.
(a) In General.--The Secretary of the department in which the
Coast Guard is operating shall seek to enter into an
arrangement with the National Academy of Public Administration
under which the National Academy of Public Administration
shall, not later than 1 year after submitting an assessment
under section 2502(a), submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an assessment of the Coast Guard
Academy admissions process.
(b) Assessment Scope.--The assessment required to be sought
under subsection (a) shall, at a minimum, include--
(1) a study, or an audit if appropriate, of the
process the Coast Guard Academy uses to--
(A) identify candidates for recruitment;
(B) recruit applicants;
(C) assist applicants in the application
process;
(D) evaluate applications; and
(E) make admissions decisions;
(2) discussion of the consideration during the
admissions process of diversity, including--
(A) race;
(B) ethnicity;
(C) gender;
(D) religion;
(E) sexual orientation;
(F) socioeconomic background; and
(G) geographic origin;
(3) an overview of the admissions processes at other
Federal service academies, including--
(A) discussion of consideration of diversity,
including any efforts to attract a diverse pool
of applicants, in those processes; and
(B) an analysis of how the congressional
nominations requirement in current law related
to military service academies and the Merchant
Marine Academy impacts those processes and the
overall demographics of the student bodies at
those academies;
(4) a determination regarding how a congressional
nominations requirement for Coast Guard Academy
admissions could impact diversity among the student
body and the ability of the Coast Guard to carry out
effectively the Service's primary duties described in
section 102 of title 14, United States Code; and
(5) recommendations for improving Coast Guard Academy
admissions processes, including whether a congressional
nominations process should be integrated into such
processes.
SEC. 2505. COAST GUARD ACADEMY MINORITY OUTREACH TEAM PROGRAM.
(a) In General.--Chapter 19 of title 14, United States Code,
is further amended by inserting after section 1904 (as amended
by this division) the following:
``Sec. 1905. Coast Guard Academy minority outreach team program
``(a) In General.--There is established within the Coast
Guard Academy a minority outreach team program (in this section
referred to as the `Program' ) under which officers, including
minority officers and officers from territories and other
possessions of the United States, who are Academy graduates may
volunteer their time to recruit minority students and
strengthen cadet retention through mentorship of cadets.
``(b) Administration.--Not later than January 1, 2021, the
Commandant, in consultation with Program volunteers and Academy
alumni that participated in prior programs at the Academy
similar to the Program, shall appoint a permanent civilian
position at the Academy to administer the Program by, among
other things--
``(1) overseeing administration of the Program;
``(2) serving as a resource to volunteers and outside
stakeholders;
``(3) advising Academy leadership on recruitment and
retention efforts based on recommendations from
volunteers and outside stakeholders;
``(4) establishing strategic goals and performance
metrics for the Program with input from active
volunteers and Academy leadership; and
``(5) reporting annually to the Commandant on
academic year and performance outcomes of the goals for
the Program before the end of each academic year.''.
(b) Clerical Amendment.--The analysis for chapter 19 of title
14, United States Code, is further amended by inserting after
the item relating to section 1904 (as amended by this division)
the following:
``1905. Coast Guard Academy minority outreach team program.''.
SEC. 2506. COAST GUARD COLLEGE STUDENT PRE-COMMISSIONING INITIATIVE.
(a) In General.--Subchapter I of chapter 21 of title 14,
United States Code, is further amended by adding at the end the
following:
``Sec. 2131. College student pre-commissioning initiative
``(a) In General.--There is authorized within the Coast Guard
a college student pre-commissioning initiative program (in this
section referred to as the `Program' ) for eligible
undergraduate students to enlist and receive a guaranteed
commission as an officer in the Coast Guard.
``(b) Criteria for Selection.--To be eligible for the Program
a student must meet the following requirements upon submitting
an application:
``(1) Age.--A student must be not less than 19 years
old and not more than 27 years old as of September 30
of the fiscal year in which the Program selection panel
selecting such student convenes.
``(2) Character.--
``(A) All applicants.--All applicants must be
of outstanding moral character and meet other
character requirements as set forth by the
Commandant.
``(B) Coast guard applicants.--An applicant
serving in the Coast Guard may not be
commissioned if in the 36 months prior to the
first Officer Candidate School class convening
date in the selection cycle, such applicant was
convicted by a court-martial or awarded
nonjudicial punishment, or did not meet
performance or character requirements set forth
by the Commandant.
``(3) Citizenship.--A student must be a United States
citizen.
``(4) Clearance.--A student must be eligible for a
secret clearance.
``(5) Dependency.--
``(A) In general.--A student may not have
more than 2 dependents.
``(B) Sole custody.--A student who is single
may not have sole or primary custody of
dependents.
``(6) Education.--
``(A) Institution.--A student must be an
undergraduate sophomore or junior--
``(i) at a historically Black college
or university described in section
322(2) of the Higher Education Act of
1965 (20 U.S.C. 1061(2)) or an
institution of higher education
described in section 371(a) of the
Higher Education Act of 1965 (20 U.S.C.
1067q(a)); or
``(ii) an undergraduate sophomore or
junior enrolled at an institution of
higher education (as defined in section
101 of the Higher Education Act of 1965
(20 U.S.C. 1001)) that, at the time of
application of the sophomore or junior,
has had for 3 consecutive years an
enrollment of undergraduate full-time
equivalent students (as defined in
section 312(e) of such Act (20 U.S.C.
1058(e))) that is a total of at least
50 percent Black American, Hispanic,
Asian American (as defined in section
371(c) of such Act (20 U.S.C.
1067q(c))), Native American Pacific
Islander (as defined in such section),
or Native American (as defined in such
section), among other criteria, as
determined by the Commandant.
``(B) Location.--The institution at which
such student is an undergraduate must be within
100 miles of a Coast guard unit or Coast Guard
Recruiting Office unless otherwise approved by
the Commandant.
``(C) Records.--A student must meet credit
and grade point average requirements set forth
by the Commandant.
``(7) Medical and administrative.--A student must
meet other medical and administrative requirements as
set forth by the Commandant.
``(c) Enlistment and Obligation.--Individuals selected and
accept to participate in the Program shall enlist in the Coast
Guard in pay grade E-3 with a 4-year duty obligation and 4-year
inactive Reserve obligation.
``(d) Military Activities Prior to Officer Candidate
School.--Individuals enrolled in the Program shall participate
in military activities each month, as required by the
Commandant, prior to attending Officer Candidate School.
``(e) Participation in Officer Candidate School.--Each
graduate of the Program shall attend the first enrollment of
Officer Candidate School that commences after the date of such
graduate's graduation.
``(f) Commissioning.--Upon graduation from Officer Candidate
School, Program graduates shall be discharged from enlisted
status and commissioned as an O-1 with an initial 3-year duty
obligation.
``(g) Briefing.--
``(1) In general.--Not later than August 15 of each
year, the Commandant shall provide a briefing to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on the
Program.
``(2) Contents.--The briefing required under
paragraph (1) shall describe--
``(A) outreach and recruitment efforts over
the previous year; and
``(B) demographic information of enrollees
including--
``(i) race;
``(ii) ethnicity;
``(iii) gender;
``(iv) geographic origin; and
``(v) educational institution.''.
(b) Clerical Amendment.--The analysis chapter 21 of title 14,
United States Code, is amended by inserting after the item
relating to section 2130 (as added by this division) the
following:
``2131. College student pre-commissioning initiative.''.
SEC. 2507. ANNUAL BOARD OF VISITORS.
Section 1903(d) of title 14, United States Code, is amended--
(1) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) recruitment and retention, including diversity,
inclusion, and issues regarding women specifically;''.
SEC. 2508. HOMELAND SECURITY ROTATIONAL CYBERSECURITY RESEARCH PROGRAM
AT COAST GUARD ACADEMY.
(a) In General.--Subtitle E of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 411 et seq.) is amended by
adding at the end the following:
``SEC. 846. ROTATIONAL CYBERSECURITY RESEARCH PROGRAM.
``To enhance the Department's cybersecurity capacity, the
Secretary may establish a rotational research, development, and
training program for--
``(1) detail to the Cybersecurity and Infrastructure
Security Agency (including the national cybersecurity
and communications integration center authorized by
section 2209) of Coast Guard Academy graduates and
faculty; and
``(2) detail to the Coast Guard Academy, as faculty,
of individuals with expertise and experience in
cybersecurity who are employed by--
``(A) the Agency (including the center);
``(B) the Directorate of Science and
Technology; or
``(C) institutions that have been designated
by the Department as a Center of Excellence for
Cyber Defense, or the equivalent.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 411 et
seq.) is amended by adding at the end of the items relating to
subtitle E of such Act the following:
``Sec. 846. Rotational cybersecurity research program.''.
Subtitle F--Other Matters
SEC. 2601. STRATEGY ON LEADERSHIP OF COAST GUARD.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall develop and make
available to the public a strategy to improve leadership
development in the Coast Guard, including mechanisms to address
counterproductive leadership in the Coast Guard.
(b) Elements.--The strategy shall include the following:
(1) Mechanisms to foster positive and productive
leadership qualities in emerging Coast Guard leaders,
beginning, at minimum, members at grade O-2 for
officers, members at grade E-6 for enlisted members,
and members training to become an officer in charge.
(2) Mechanisms for the ongoing evaluation of unit
commanders, including identification of
counterproductive leadership qualities in commanders.
(3) Formal training on the recognition of
counterproductive leadership qualities (in self and
others), including at leadership seminars and school
houses in the Coast Guard, including means to correct
such qualities.
(4) Clear and transparent policies on standards for
command climate, leadership qualities, and inclusion.
(5) Policy to ensure established and emerging leaders
have access to hands-on training and tools to improve
diversity and inclusion.
(6) Policy and procedures for commanders to identify
and hold accountable counterproductive leaders.
(c) Counterproductive Leadership Defined.--In this section,
the term ``counterproductive leadership'' has the meaning given
that term for purposes of Army Doctrine Publication 6-22.
SEC. 2602. EXPEDITED TRANSFER IN CASES OF SEXUAL ASSAULT; DEPENDENTS OF
MEMBERS OF THE COAST GUARD.
Not later than 180 days after the date of the enactment of
this Act, the Commandant shall establish a policy to allow the
transfer of a member of the Coast Guard whose dependent is the
victim of sexual assault perpetrated by a member of the Armed
Forces who is not related to the victim.
SEC. 2603. ACCESS TO RESOURCES DURING CREOSOTE-RELATED BUILDING
CLOSURES AT COAST GUARD BASE SEATTLE, WASHINGTON.
(a) In General.--With respect to the creosote-related
building closures at Coast Guard Base Seattle, Washington, the
Commandant shall, to the maximum extent practicable, enter into
1 or more agreements or otherwise take actions to secure access
to resources, including a gym, that are not otherwise available
to members of the Coast Guard during such closures.
(b) Briefing.--Not later than 60 days after the date of the
enactment of this Act, the Commandant shall brief Congress with
respect to actions taken by the Commandant to comply with
subsection (a).
SEC. 2604. SOUTHERN RESIDENT ORCA CONSERVATION AND ENFORCEMENT.
(a) Report and Action Plan on Orca Enforcement
Opportunities.--Not later than 180 days after the date of the
enactment of this Act, the Commandant, in consultation with the
Under Secretary of Commerce for Oceans and Atmosphere, shall
submit to Congress a report on Coast Guard efforts to enforce
southern resident orca vessel buffer zones and other vessel-
related regulations in Puget Sound in coordination with
existing Coast Guard fisheries enforcement, maritime domain
awareness, the Be Whale Wise campaign, and other related
missions. Such report shall include recommendations on what
resources, appropriations, and assets are needed to meet orca
conservation and related fisheries enforcement targets in the
13th Coast Guard District within one year of the date of
enactment of this Act.
(b) Southern Resident Orcas.--The Commandant, in coordination
with the Under Secretary of Commerce for Oceans and Atmosphere,
shall undertake efforts to reduce vessel noise impacts on
Southern resident orcas in Puget Sound, the Salish Sea, and the
Strait of Juan de Fuca.
(c) Program.--
(1) In general.--The Commandant shall--
(A) support the development, implementation,
and enforcement of commercial vessel noise
reduction measures that are technically
feasible and economically achievable;
(B) establish procedures for timely
communication of information to commercial
vessel operators regarding orca sightings in
Puget Sound and make navigational safety
recommendations in accordance with the
Cooperative Vessel Traffic Service Agreement;
and
(C) collaborate on studies or trials
analyzing vessel noise impacts on Southern
resident orcas.
(2) Vessel noise impacts.--The Undersecretary of
Commerce for Oceans and Atmosphere shall assess vessel
noise impacts on Southern resident orcas in the program
area and make recommendations to reduce that noise and
noise related impacts to Southern resident orcas to the
Commandant.
(3) Coordination.--In carrying out this section, the
Commandant shall coordinate with Canadian agencies
affiliated with the Enhancing Cetacean Habitat and
Observation (ECHO) program and other international
organizations as appropriate.
(4) Consultation.--In carrying out this section, the
Commandant and the Undersecretary of Commerce for
Oceans and Atmosphere shall consult with State, local,
and Tribal governments and maritime industry and
conservation stakeholders including ports, higher
education institutions, and nongovernmental
organizations.
SEC. 2605. SENSE OF CONGRESS AND REPORT ON IMPLEMENTATION OF POLICY ON
ISSUANCE OF WARRANTS AND SUBPOENAS AND
WHISTLEBLOWER PROTECTIONS BY AGENTS OF THE COAST
GUARD INVESTIGATIVE SERVICE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Coast Guard components with investigative
authority should exercise such authority with due
respect for the rights of whistleblowers; and
(2) the Commandant should--
(A) ensure compliance with the legal
requirements intended to protect
whistleblowers;
(B) seek to shield the disclosure of the
identities of whistleblowers; and
(C) create an environment in which
whistleblowers do not fear reprisal for
reporting misconduct.
(b) Report Required.--Not later than 120 days after the date
of the enactment of this Act, the Commandant shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the policy of the
Coast Guard on the issuance of warrants and subpoenas and
whistleblower protections by agents of the Coast Guard
Investigative Service.
(c) Elements.--The report required by subsection (b) shall
include the following:
(1) A discussion of current and any new policy of the
Coast Guard on the issuance of warrants and subpoenas
and whistleblower protections by agents of the Coast
Guard Investigative Service, including Coast Guard
Investigative Service Criminal Investigation Operating
Procedure CIOP 2019-02, and the differences between
such current policies and new policies.
(2) A plan (including milestones) for the
implementation of the following:
(A) Incorporation of Coast Guard
Investigative Service Criminal Investigation
Operating Procedure CIOP 2019-02 into the next
revision of the relevant Coast Guard
investigative manual.
(B) Training on the policy described in
paragraph (1) for the following:
(i) Agents and legal counsel of the
Coast Guard Investigative Service.
(ii) Personnel of the Office of
General Law.
(iii) Relevant Coast Guard
headquarters personnel.
(iv) Such other Coast Guard personnel
as the Commandant considers
appropriate.
SEC. 2606. INSPECTOR GENERAL REPORT ON ACCESS TO EQUAL OPPORTUNITY
ADVISORS AND EQUAL EMPLOYMENT OPPORTUNITY
SPECIALISTS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the inspector general of the department
in which the Coast Guard is operating shall conduct a study and
develop recommendations on the need to separate Equal
Opportunity Advisors and Equal Employment Opportunity
Specialists, as practicable, through the pre-complaint and
formal discrimination complaint processes, for the complainant,
the opposing party, and the commanding officers and officers in
charge.
(b) Briefing.--Not later than 30 days after the completion of
the study required by subsection (a), the Commandant shall
brief the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the manner in
which the Coast Guard plans to implement the recommendations
developed as a result of the study.
SEC. 2607. INSIDER THREAT PROGRAM.
Not later than 180 days after the date of the enactment of
this Act, the Commandant shall brief the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on a plan to expand the Coast
Guard Insider Threat Program to include the monitoring of all
Coast Guard devices, including mobile devices.
TITLE III--MARITIME
Subtitle A--Navigation
SEC. 3101. ELECTRONIC CHARTS; EQUIVALENCY.
(a) Requirements.--Section 3105(a)(1) of title 46, United
States Code, is amended to read as follows:
``(1) Electronic charts in lieu of marine charts,
charts, and maps.--Subject to paragraph (2), the
following vessels, while operating on the navigable
waters of the United States, equipped with and
operating electronic navigational charts that are
produced by a government hydrographic office or conform
to a standard acceptable to the Secretary, shall be
deemed in compliance with any requirement under title
33 or title 46, Code of Federal Regulations, to have a
chart, marine chart, or map on board such vessel:
``(A) A self-propelled commercial vessel of
at least 65 feet in overall length.
``(B) A vessel carrying more than a number of
passengers for hire determined by the
Secretary.
``(C) A towing vessel of more than 26 feet in
overall length and 600 horsepower.
``(D) Any other vessel for which the
Secretary decides that electronic charts are
necessary for the safe navigation of the
vessel.''.
(b) Exemptions and Waivers.--Section 3105(a)(2) of title 46,
United States Code, is amended--
(1) in subparagraph (A), by striking ``operates;
and'' and inserting ``operates;'';
(2) in subparagraph (B), by striking ``those
waters.'' and inserting ``those waters; and''; and
(3) by adding at the end the following:
``(C) permit vessels described in
subparagraphs (A) through (D) of paragraph (1)
that operate solely landward of the baseline
from which the territorial sea of the United
States is measured to utilize software-based,
platform-independent electronic chart systems
that the Secretary determines are capable of
displaying electronic navigational charts with
necessary scale and detail to ensure safe
navigation for the intended voyage.''.
SEC. 3102. SUBROGATED CLAIMS.
(a) In General.--Section 1012(b) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(b)) is amended--
(1) by striking ``The'' and inserting the following:
``(1) In general.--The''; and
(2) by adding at the end the following:
``(2) Subrogated rights.--Except for a guarantor
claim pursuant to a defense under section 1016(f)(1),
Fund compensation of any claim by an insurer or other
indemnifier of a responsible party or injured third
party is subject to the subrogated rights of that
responsible party or injured third party to such
compensation.''.
(b) Effective Date.--This section and the amendments made by
this section shall take effect 180 days after the date of
enactment of this Act.
SEC. 3103. LOAN PROVISIONS UNDER OIL POLLUTION ACT OF 1990.
(a) In General.--Section 1013 of the Oil Pollution Act of
1990 (33 U.S.C. 2713) is amended by striking subsection (f).
(b) Conforming Amendments.--Section 1012(a) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)) is amended--
(1) in paragraph (4), by adding ``and'' after the
semicolon at the end;
(2) in paragraph (5)(D), by striking ``; and'' and
inserting a period; and
(3) by striking paragraph (6).
SEC. 3104. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.
Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C.
2761) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by inserting ``,
technology,'' after ``research'';
(B) in paragraph (2)--
(i) by striking ``this subsection''
and inserting ``paragraph (1)''; and
(ii) by striking ``which are
effective in preventing or mitigating
oil discharges and which'' and
inserting ``and methods that are
effective in preventing, mitigating, or
restoring damage from oil discharges
and that'';
(C) in paragraph (3) by striking ``this
subsection'' and inserting ``paragraph (1)''
each place it appears;
(D) in subparagraph (A) of paragraph (4)--
(i) by striking ``oil discharges.
Such program shall'' and inserting
``acute and chronic oil discharges on
coastal and marine resources (including
impacts on protected areas such as
sanctuaries) and protected species, and
such program shall'';
(ii) by redesignating clauses (iii)
and (iv) as clauses (iv) and (v),
respectively;
(iii) by inserting after clause (ii)
the following:
``(iii) Research to understand and quantify
the effects of sublethal impacts of oil
discharge on living natural marine resources,
including impacts on pelagic fish species,
marine mammals, and commercially and
recreationally targeted fish and shellfish
species.''; and
(iv) by adding at the end the
following:
``(vi) Research to understand the long-term
effects of major oil discharges and the long-
term effects of smaller endemic oil discharges.
``(vii) The identification of potential
impacts on ecosystems, habitat, and wildlife
from the additional toxicity, heavy metal
concentrations, and increased corrosiveness of
mixed crude, such as diluted bitumen crude.
``(viii) The development of methods to
restore and rehabilitate natural resources and
ecosystem functions damaged by oil
discharges.'';
(E) in paragraph (5) by striking ``this
subsection'' and inserting ``paragraph (1)'';
(F) by striking paragraph (7) and inserting
the following:
``(7) Simulated environmental testing.--
``(A) In general.--Agencies represented on
the Interagency Committee shall ensure the
long-term use and operation of the Oil and
Hazardous Materials Simulated Environmental
Test Tank (OHMSETT) Research Center in New
Jersey for oil pollution technology testing and
evaluations.
``(B) Other testing facilities.--Nothing in
subparagraph (A) shall be construed as limiting
the ability of the Interagency Committee to
contract or partner with a facility or
facilities other than the Center described in
subparagraph (A) for the purpose of oil
pollution technology testing and evaluations,
provided such a facility or facilities have
testing and evaluation capabilities equal to or
greater than those of such Center.
``(C) In-kind contributions.--
``(i) In general.--The Secretary of
the department in which the Coast Guard
is operating and the Administrator of
the Environmental Protection Agency may
accept donations of crude oil and crude
oil product samples in the form of in-
kind contributions for use by the
Federal Government for product testing,
research and development, and for other
purposes as the Secretary and the
Administrator determine appropriate.
``(ii) Use of donated oil.--Oil
accepted under clause (i) may be used
directly by the Secretary and shall be
provided to other Federal agencies or
departments through interagency
agreements to carry out the purposes of
this Act.'';
(G) in paragraph (8)--
(i) in subparagraph (A), by striking
``subsection (b)'' and inserting
``subsection (d)''; and
(ii) in subparagraph (D)(iii), by
striking ``subsection (b)(1)(F)'' and
inserting ``subsection (d)''; and
(H) in paragraph (10)--
(i) by striking ``this subsection''
and inserting ``paragraph (1)'';
(ii) by striking ``agencies
represented on the Interagency
Committee'' and inserting ``Under
Secretary'';
(iii) by inserting ``, and States and
Indian tribes'' after ``other
persons''; and
(iv) by striking ``subsection (b)''
and inserting ``subsection (d)'';
(2) in subsection (d), by striking ``subsection (b)''
and inserting ``subsection (d)'';
(3) in subsection (e), by striking ``Chairman of the
Interagency Committee'' and inserting ``Chair'';
(4) in subsection (f), by striking ``subsection
(c)(8)'' each place it appears and inserting
``subsection (e)(8)'';
(5) by redesignating subsections (c) through (f) as
subsections (e) through (h), respectively; and
(6) by striking subsections (a) and (b) and inserting
the following:
``(a) Definitions.--In this section--
``(1) the term `Chair' means the Chairperson of the
Interagency Committee designated under subsection
(c)(2);
``(2) the term `Commandant' means the Commandant of
the Coast Guard;
``(3) the term `institution of higher education'
means an institution of higher education, as defined in
section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a));
``(4) the term `Interagency Committee' means the
Interagency Coordinating Committee on Oil Pollution
Research established under subsection (b);
``(5) the term `Under Secretary' means the Under
Secretary of Commerce for Oceans and Atmosphere; and
``(6) the term `Vice Chair' means the Vice
Chairperson of the Interagency Committee designated
under subsection (c)(3).
``(b) Establishment of Interagency Coordinating Committee on
Oil Pollution Research.--
``(1) Establishment.--There is established an
Interagency Coordinating Committee on Oil Pollution
Research.
``(2) Purpose.--The Interagency Committee shall
coordinate a comprehensive program of oil pollution
research, technology development, and demonstration
among the Federal agencies, in cooperation and
coordination with industry, 4-year institutions of
higher education and research institutions, State
governments, and other nations, as appropriate, and
shall foster cost-effective research mechanisms,
including the joint funding of research.
``(c) Membership.--
``(1) Composition.--The Interagency Committee shall
be composed of--
``(A) at least 1 representative of the Coast
Guard;
``(B) at least 1 representative of the
National Oceanic and Atmospheric
Administration;
``(C) at least 1 representative of the
Environmental Protection Agency;
``(D) at least 1 representative of the
Department of the Interior;
``(E) at least 1 representative of the Bureau
of Safety and Environmental Enforcement;
``(F) at least 1 representative of the Bureau
of Ocean Energy Management;
``(G) at least 1 representative of the United
States Fish and Wildlife Service;
``(H) at least 1 representative of the
Department of Energy;
``(I) at least 1 representative of the
Pipeline and Hazardous Materials Safety
Administration;
``(J) at least 1 representative of the
Federal Emergency Management Agency;
``(K) at least 1 representative of the Navy;
``(L) at least 1 representative of the Corps
of Engineers;
``(M) at least 1 representative of the United
States Arctic Research Commission; and
``(N) at least 1 representative of each of
such other Federal agencies as the President
considers to be appropriate.
``(2) Chairperson.--The Commandant shall designate a
Chairperson from among the members of the Interagency
Committee selected under paragraph (1)(A).
``(3) Vice chairperson.--The Under Secretary shall
designate a Vice Chairperson from among the members of
the Interagency Committee selected under paragraph
(1)(B).
``(4) Meetings.--
``(A) Quarterly meetings.--At a minimum, the
members of the Interagency Committee shall meet
once each quarter.
``(B) Public summaries.--After each meeting,
a summary shall be made available by the Chair
or Vice Chair, as appropriate.
``(d) Duties of the Interagency Committee.--
``(1) Research.--The Interagency Committee shall--
``(A) coordinate a comprehensive program of
oil pollution research, technology development,
and demonstration among the Federal agencies,
in cooperation and coordination with industry,
4-year institutions of higher education and
research institutions, States, Indian tribes,
and other countries, as appropriate; and
``(B) foster cost-effective research
mechanisms, including the joint funding of
research and the development of public-private
partnerships for the purpose of expanding
research.
``(2) Oil pollution research and technology plan.--
``(A) Implementation plan.--Not later than
180 days after the date of enactment of the
Elijah E. Cummings Coast Guard Authorization
Act of 2020, the Interagency Committee shall
submit to Congress a research plan to report on
the state of oil discharge prevention and
response capabilities that--
``(i) identifies current research
programs conducted by Federal agencies,
States, Indian tribes, 4-year
institutions of higher education, and
corporate entities;
``(ii) assesses the current status of
knowledge on oil pollution prevention,
response, and mitigation technologies
and effects of oil pollution on the
environment;
``(iii) identifies significant oil
pollution research gaps, including an
assessment of major technological
deficiencies in responses to past oil
discharges;
``(iv) establishes national research
priorities and goals for oil pollution
technology development related to
prevention, response, mitigation, and
environmental effects;
``(v) assesses the research on the
applicability and effectiveness of the
prevention, response, and mitigation
technologies to each class of oil;
``(vi) estimates the resources needed
to conduct the oil pollution research
and development program established
pursuant to subsection (e), and
timetables for completing research
tasks;
``(vii) summarizes research on
response equipment in varying
environmental conditions, such as in
currents, ice cover, and ice floes; and
``(viii) includes such other
information or recommendations as the
Interagency Committee determines to be
appropriate.
``(B) Advice and guidance.--
``(i) National academy of sciences
contract.--The Chair, through the
department in which the Coast Guard is
operating, shall contract with the
National Academy of Sciences to--
``(I) provide advice and
guidance in the preparation and
development of the research
plan;
``(II) assess the adequacy of
the plan as submitted, and
submit a report to Congress on
the conclusions of such
assessment; and
``(III) provide organization
guidance regarding the
implementation of the research
plan, including delegation of
topics and research among
Federal agencies represented on
the Interagency Committee.
``(ii) NIST advice and guidance.--The
National Institute of Standards and
Technology shall provide the
Interagency Committee with advice and
guidance on issues relating to quality
assurance and standards measurements
relating to its activities under this
section.
``(C) 10-year updates.--Not later than 10
years after the date of enactment of the Elijah
E. Cummings Coast Guard Authorization Act of
2020, and every 10 years thereafter, the
Interagency Committee shall submit to Congress
a research plan that updates the information
contained in the previous research plan
submitted under this subsection.''.
SEC. 3105. LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL RESPONSE
CONTRACTS.
(a) In General.--Subject to subsections (b) and (c), a
contract for the containment or removal of a discharge entered
into by the President under section 311(c) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(c)) shall contain a
provision to indemnify a contractor for liabilities and
expenses incidental to the containment or removal arising out
of the performance of the contract that is substantially
identical to the terms contained in subsections (d) through (h)
of section H.4 (except for paragraph (1) of subsection (d)) of
the contract offered by the Coast Guard in the solicitation
numbered DTCG89-98-A-68F953 and dated November 17, 1998.
(b) Requirements.--
(1) Source of funds.--The provision required under
subsection (a) shall include a provision that the
obligation to indemnify is limited to funds available
in the Oil Spill Liability Trust Fund established by
section 9509(a) of the Internal Revenue Code of 1986 at
the time the claim for indemnity is made.
(2) Uncompensated removal.--A claim for indemnity
under a contract described in subsection (a) shall be
made as a claim for uncompensated removal costs under
section 1012(a)(4) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(4)).
(3) Limitation.--The total indemnity for a claim
under a contract described in subsection (a) may not be
more than $50,000 per incident.
(c) Applicability of Exemptions.--Notwithstanding subsection
(a), the United States shall not be obligated to indemnify a
contractor for any act or omission of the contractor carried
out pursuant to a contract entered into under this section
where such act or omission is grossly negligent or which
constitutes willful misconduct.
Subtitle B--Shipping
SEC. 3201. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS;
APPLICATION.
Section 3507(k)(1) of title 46, United States Code, is
amended--
(1) in subparagraph (B), by adding ``and'' after the
semicolon at the end;
(2) in subparagraph (C), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (D).
SEC. 3202. SMALL PASSENGER VESSELS AND UNINSPECTED PASSENGER VESSELS.
Section 12121 of title 46, United States Code, is amended--
(1) in subsection (a)(1), by striking subparagraphs
(A) and (B) and inserting the following:
``(A) was built in the United States;
``(B) was not built in the United States and
is at least 3 years old; or
``(C) if rebuilt, was rebuilt--
``(i) in the United States; or
``(ii) outside the United States at
least 3 years before the certificate
requested under subsection (b) would
take effect.''; and
(2) in subsection (b), by inserting ``12132,'' after
``12113,''.
SEC. 3203. NON-OPERATING INDIVIDUAL.
(a) In General.--The Secretary of the department in which the
Coast Guard is operating shall not enforce section 8701 of
title 46, United States Code, with respect to the following:
(1) A vessel with respect to individuals, other than
crew members required by the Certificate of Inspection
or to ensure the safe navigation of the vessel and not
a member of the steward's department, engaged on board
for the sole purpose of carrying out spill response
activities, salvage, marine firefighting, or commercial
diving business or functions from or on any vessel,
including marine firefighters, spill response
personnel, salvage personnel, and commercial divers and
diving support personnel.
(2) An offshore supply vessel, an industrial vessel
(as such term is defined in section 90.10-16 of title
46, Code of Federal Regulations), or other similarly
engaged vessel with respect to persons engaged in the
business of the ship on board the vessel--
(A) for--
(i) supporting or executing the
industrial business or function of the
vessel;
(ii) brief periods to conduct surveys
or investigations, assess crew
competence, conduct vessel trials,
provide extraordinary security
resources, or similar tasks not
traditionally performed by the vessel
crew; or
(iii) performing maintenance tasks on
equipment under warranty, or on
equipment not owned by the vessel
owner, or maintenance beyond the
capability of the vessel crew to
perform; and
(B) not the master or crew members required
by the certificate of inspection and not a
member of the steward's department.
(b) Sunset.--The prohibition in subsection (a) shall
terminate on the date that is 2 years after the date of the
enactment of this Act.
(c) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Commandant shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report detailing recommendations to
ensure that personnel working on a vessel who perform
work or operate equipment on such vessel not related to
the operation of the vessel itself undergo a background
check and the appropriate training necessary to ensure
personnel safety and the safety of the vessel's crew.
(2) Contents.--The report required under paragraph
(1) shall include, at a minimum, a discussion of--
(A) options and recommendations for ensuring
that the individuals covered by subsection (a)
are appropriately screened to mitigate security
and safety risks, including to detect substance
abuse;
(B) communication and collaboration between
the Coast Guard, the department in which the
Coast Guard is operating, and relevant
stakeholders regarding the development of
processes and requirements for conducting
background checks and ensuring such individuals
receive basic safety familiarization and basic
safety training approved by the Coast Guard;
(C) any identified legislative changes
necessary to implement effective training and
screening requirements for individuals covered
by subsection (a); and
(D) the timeline and milestones for
implementing such requirements.
SEC. 3204. CONFORMING AMENDMENTS: TRAINING; PUBLIC SAFETY PERSONNEL.
Chapter 701 of title 46, United States Code, is amended--
(1) in section 70107--
(A) in subsection (a), by striking ``law
enforcement personnel'' and inserting ``public
safety personnel'';
(B) in subsection (b)(8), by striking ``law
enforcement personnel--'' and inserting
``public safety personnel--''; and
(C) in subsection (c)(2)(C), by striking
``law enforcement agency personnel'' and
inserting ``public safety personnel''; and
(2) in section 70132--
(A) in subsection (a), by striking ``law
enforcement personnel--'' and inserting
``public safety personnel--'';
(B) in subsection (b), by striking ``law
enforcement personnel'' each place it appears
and inserting ``public safety personnel''; and
(C) by adding at the end the following:
``(d) Public Safety Personnel Defined.--For the purposes of
this section, the term `public safety personnel' includes any
Federal, State (or political subdivision thereof), territorial,
or Tribal law enforcement officer, firefighter, or emergency
response provider.''.
SEC. 3205. MARITIME TRANSPORTATION ASSESSMENT.
Section 55501(e) of title 46, United States Code, is
amended--
(1) in paragraph (2), by striking ``an assessment of
the condition'' and inserting ``a conditions and
performance analysis'';
(2) in paragraph (4), by striking ``; and'' and
inserting a semicolon;
(3) in paragraph (5), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(6) a compendium of the Federal programs engaged in
the maritime transportation system.''.
SEC. 3206. ENGINE CUT-OFF SWITCHES; USE REQUIREMENT.
(a) In General.--Section 4312 of title 46, United States
Code, is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Use Requirement.--
``(1) In general.--An individual operating a covered
recreational vessel shall use an engine cut-off switch
link while operating on plane or above displacement
speed.
``(2) Exceptions.--The requirement under paragraph
(1) shall not apply if--
``(A) the main helm of the covered vessel is
installed within an enclosed cabin; or
``(B) the vessel does not have an engine cut-
off switch and is not required to have one
under subsection (a).''.
(b) Civil Penalty.--Section 4311 of title 46, United States
Code, is amended by--
(1) redesignating subsections (c), (d), (e), (f), and
(g) as subsections (d), (e), (f), (g), and (h),
respectively; and
(2) inserting after subsection (b) the following:
``(c) A person violating section 4312(b) of this title is
liable to the United States Government for a civil penalty of
not more than--
``(1) $100 for the first offense;
``(2) $250 for the second offense; and
``(3) $500 for any subsequent offense.''.
(c) Effective Date.--The amendments made in subsections (a)
and (b) shall take effect 90 days after the date of the
enactment of this section, unless the Commandant, prior to the
date that is 90 days after the date of the enactment of this
section, determines that the use requirement enacted in
subsection (a) would not promote recreational boating safety.
SEC. 3207. AUTHORITY TO WAIVE OPERATOR OF SELF-PROPELLED UNINSPECTED
PASSENGER VESSEL REQUIREMENTS.
Section 8905 of title 46, United States Code, is amended by
adding at the end the following:
``(c) After consultation with the Governor of Alaska and the
State boating law administrator of Alaska, the Secretary may
exempt an individual operating a self-propelled uninspected
passenger vessel from the requirements of section 8903 of this
title, if--
``(1) the individual only operates such vessel wholly
within waters located in Alaska; and
``(2) such vessel is--
``(A) 26 feet or less in length; and
``(B) carrying not more than 6 passengers.''.
SEC. 3208. EXEMPTIONS AND EQUIVALENTS.
(a) In General.--Section 4305 of title 46, United States
Code, is amended--
(1) by striking the heading and inserting the
following:
``Sec. 4305. Exemptions and equivalents'';
(2) by striking ``If the Secretary'' and inserting
the following:
``(a) Exemptions.--If the Secretary''; and
(3) by adding at the end the following:
``(b) Equivalents.--The Secretary may accept a substitution
for associated equipment performance or other safety standards
for a recreational vessel if the substitution provides an
equivalent level of safety.''.
(b) Clerical Amendment.--The analysis for chapter 43 of title
46, United States Code, is amended by striking the item
relating to section 4305 and inserting the following:
``4305. Exemptions and equivalents.''.
SEC. 3209. WAIVER OF NAVIGATION AND VESSEL INSPECTION LAWS.
Section 501(a) of title 46, United States Code, is amended--
(1) by striking ``On request'' and inserting the
following:
``(1) In general.--On request''; and
(2) by adding at the end the following:
``(2) Explanation.--Not later than 24 hours after
making a request under paragraph (1), the Secretary of
Defense shall submit to the Committees on
Transportation and Infrastructure and Armed Services of
the House of Representatives and the Committees on
Commerce, Science, and Transportation and Armed
Services of the Senate a written explanation of the
circumstances requiring such a waiver in the interest
of national defense, including a confirmation that
there are insufficient qualified vessels to meet the
needs of national defense without such a waiver.''.
SEC. 3210. RENEWAL OF MERCHANT MARINER LICENSES AND DOCUMENTS.
Not later than 60 days after the date of the enactment of
this Act, the Commandant shall provide to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a briefing on the Coast Guard's
implementation of section 7106 of title 46, United States
Code--
(1) an overview of the manner in which the Coast
Guard manages and processes renewal applications under
such section, including communication with the
applicant regarding application status;
(2) the number of applications received and approved
over the previous 2 years, or in the event applications
were denied, a summary detailing the reasons for such
denial;
(3) an accounting of renewal applications filed up to
8 months in advance of the expiration of a pre-existing
license, including the processing of such applications
and communication with the applicant regarding
application status or any other extenuating
circumstances; and
(4) any other regulatory or statutory changes that
would be necessary to further improve the Coast Guard's
issuance of credentials to fully qualified mariners in
the most effective and efficient manner possible in
order to ensure a safe, secure, economically and
environmentally sound marine transportation system.
SEC. 3211. CERTIFICATE EXTENSIONS.
(a) In General.--Subchapter I of chapter 121 of title 46,
United States Code, is amended by adding at the end the
following:
``Sec. 12108. Authority to extend duration of vessel certificates
``(a) Certificates.--Provided a vessel is in compliance with
inspection requirements in section 3313, the Secretary of the
department in which in the Coast Guard is operating may, if the
Secretary makes the determination described in subsection (b),
extend, for a period of not more than 1 year, an expiring
certificate of documentation issued for a vessel under chapter
121.
``(b) Determination.--The determination referred to in
subsection (a) is a determination that such extension is
required to enable the Coast Guard to--
``(1) eliminate a backlog in processing applications
for such certificates; or
``(2) act in response to a national emergency or
natural disaster.
``(c) Manner of Extension.--Any extension granted under this
section may be granted to individual vessels or to a
specifically identified group of vessels.''.
(b) Clerical Amendment.--The analysis for subchapter I of
chapter 121 of title 46, United States Code, is amended by
adding at the end the following:
``12108. Authority to extend duration of vessel certificates.''.
SEC. 3212. VESSEL SAFETY STANDARDS.
(a) Fishing Safety Training Grants Program.--Subsection (i)
of section 4502 of title 46, United States Code, is amended--
(1) in paragraph (3), by striking ``50 percent'' and
inserting ``75 percent''; and
(2) in paragraph (4), by striking ``2019'' and
inserting ``2021''.
(b) Fishing Safety Research Grant Program.--Subsection (j) of
such section is amended--
(1) in paragraph (3), by striking ``50 percent'' and
inserting ``75 percent''; and
(2) in paragraph (4), by striking ``2019'' and
inserting ``2021''.
(c) Fishing Safety Grants.--The cap on the Federal share of
the cost of any activity carried out with a grant under
subsections (i) and (j) of section 4502 of title 46, United
States Code, as in effect prior to the date of enactment of the
Frank LoBiondo Coast Guard Authorization Act of 2018, shall
apply to any funds appropriated under the Consolidated
Appropriations Act, 2017 (Public Law 115-31) for the purpose of
making such grants.
SEC. 3213. MEDICAL STANDARDS.
(a) In General.--Chapter 35 of title 46, United States Code,
is amended by adding at the end the following:
``Sec. 3509. Medical standards
``The owner of a vessel to which section 3507 applies shall
ensure that--
``(1) a physician is always present and available to
treat any passengers who may be on board the vessel in
the event of an emergency situation;
``(2) the vessel is in compliance with the Health
Care Guidelines for Cruise Ship Medical Facilities
established by the American College of Emergency
Physicians; and
``(3) the initial safety briefing given to the
passengers on board the vessel includes--
``(A) the location of the vessel's medical
facilities; and
``(B) the appropriate steps passengers should
follow during a medical emergency.''.
(b) Clerical Amendment.--The analysis for chapter 35 of title
46, United States Code, is amended by adding at the end the
following:
``3509. Medical standards.''.
Subtitle C--Advisory Committees
SEC. 3301. ADVISORY COMMITTEES.
(a) National Offshore Safety Advisory Committee;
Representation.--Section 15106(c)(3) of title 46, United States
Code, is amended--
(1) in subparagraph (C), by striking ``mineral and
oil operations, including geophysical services'' and
inserting ``operations'';
(2) in subparagraph (D), by striking ``exploration
and recovery'';
(3) in subparagraph (E), by striking ``engaged in
diving services related to offshore construction,
inspection, and maintenance'' and inserting ``providing
diving services to the offshore industry'';
(4) in subparagraph (F), by striking ``engaged in
safety and training services related to offshore
exploration and construction'' and inserting
``providing safety and training services to the
offshore industry'';
(5) in subparagraph (G), by striking ``engaged in
pipelaying services related to offshore construction''
and inserting ``providing subsea engineering,
construction, or remotely operated vehicle support to
the offshore industry'';
(6) in subparagraph (H), by striking ``mineral and
energy'';
(7) in subparagraph (I), by inserting ``and entities
providing environmental protection, compliance, or
response services to the offshore industry'' after
``national environmental entities''; and
(8) in subparagraph (J), by striking ``deepwater
ports'' and inserting ``entities engaged in offshore
oil exploration and production on the Outer Continental
Shelf adjacent to Alaska''.
(b) Technical Corrections.--Section 15109 of title 46, United
States Code, is amended by inserting ``or to which this chapter
applies'' after ``committee established under this chapter''
each place it appears.
SEC. 3302. MARITIME TRANSPORTATION SYSTEM NATIONAL ADVISORY COMMITTEE.
(a) Maritime Transportation System National Advisory
Committee.--Chapter 555 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 55502. Maritime Transportation System National Advisory
Committee
``(a) Establishment.--There is established a Maritime
Transportation System National Advisory Committee (in this
section referred to as the `Committee').
``(b) Function.--The Committee shall advise the Secretary of
Transportation on matters relating to the United States
maritime transportation system and its seamless integration
with other segments of the transportation system, including the
viability of the United States Merchant Marine.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 27
members appointed by the Secretary of Transportation in
accordance with this section and section 15109.
``(2) Expertise.--Each member of the Committee shall
have particular expertise, knowledge, and experience in
matters relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall
be appointed as follows:
``(A) At least one member shall represent the
Environmental Protection Agency.
``(B) At least one member shall represent the
Department of Commerce.
``(C) At least one member shall represent the
Corps of Engineers.
``(D) At least one member shall represent the
Coast Guard.
``(E) At least one member shall represent
Customs and Border Protection.
``(F) At least one member shall represent
State and local governmental entities.
``(G) Additional members shall represent
private sector entities that reflect a cross-
section of maritime industries, including port
and water stakeholders, academia, and labor.
``(H) The Secretary may appoint additional
representatives from other Federal agencies as
the Secretary considers appropriate.
``(4) Restrictions on members representing federal
agencies.--Members of the Committee that represent
Federal agencies shall not--
``(A) comprise more than one-third of the
total membership of the Committee or of any
subcommittee therein; or
``(B) serve as the chair or co-chair of the
Committee or of any subcommittee therein.
``(5) Administration.--For purposes of section
15109--
``(A) the Committee shall be treated as a
committee established under chapter 151; and
``(B) the Secretary of Transportation shall
fulfill all duties and responsibilities and
have all authorities of the Secretary of
Homeland Security with regard to the
Committee.''.
(b) Treatment of Existing Committee.--Notwithstanding any
other provision of law--
(1) an advisory committee substantially similar to
the Committee established by section 55502 of title 46,
United States Code, and that was in force or in effect
on the day before the date of the enactment of this
Act, including the charter, membership, and other
aspects of such advisory committee, may remain in force
or in effect for the 2-year period beginning on the
date of the enactment of this section; and
(2) during such 2-year period--
(A) requirements relating the Maritime
Transportation System National Advisory
Committee established by such section shall be
treated as satisfied by such substantially
similar advisory committee; and
(B) the enactment of this section shall not
be the basis--
(i) to deem, find, or declare such
committee, including the charter,
membership, and other aspects thereof,
void, not in force, or not in effect;
(ii) to suspend the activities of
such committee; or
(iii) to bar the members of such
committee from a meeting.
(c) Clerical Amendment.--The analysis for chapter 555 of
title 46, United States Code, is amended by adding at the end
the following:
``55502. Maritime Transportation System National Advisory Committee.''.
(d) Repeal.--Section 55603 of title 46, United States Code,
and the item relating to that section in the analysis for
chapter 556 of that title, are repealed.
SEC. 3303. EXPIRED MARITIME LIENS.
Section 31343(e) of title 46, United States Code, is
amended--
(1) by inserting ``(1)'' before ``A notice''; and
(2) by inserting after paragraph (1), as so
designated by this section, the following:
``(2) On expiration of a notice of claim of lien under
paragraph (1), and after a request by the vessel owner, the
Secretary shall annotate the abstract of title to reflect the
expiration of the lien.''.
SEC. 3304. GREAT LAKES PILOTAGE ADVISORY COMMITTEE.
(a) In General.--Section 9307 of title 46, United States
Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``seven''
and inserting ``8''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``representing the interests of'' and
inserting ``chosen from among
nominations made by'';
(ii) in subparagraph (C), by striking
``representing the interests of Great
Lakes ports'' and inserting ``chosen
from among nominations made by Great
Lakes port authorities and marine
terminals'';
(iii) in subparagraph (D)--
(I) by striking
``representing the interests
of'' and inserting ``chosen
from among nominations made
by''; and
(II) by striking ``; and''
and inserting a semicolon;
(iv) by redesignating subparagraph
(E) as subparagraph (F);
(v) by inserting after subparagraph
(D) the following:
``(E) one member chosen from among nominations made
by Great Lakes maritime labor organizations; and''; and
(vi) in subparagraph (F), as so
redesignated, by striking ``with a
background in finance or accounting,'';
and
(2) in subsection (f)(1), by striking ``2020'' and
inserting ``2030''.
(b) Committee Deemed Not Expired.--Notwithstanding section
9307(f)(1) of title 46, United States Code, in any case in
which the date of enactment of this Act occurs after September
30, 2020, the Great Lakes Pilotage Advisory Committee in
existence as of September 30, 2020, shall be deemed not expired
during the period beginning on September 30, 2020 through the
date of enactment of this Act. Accordingly, the committee
membership, charter, and the activities of such Committee shall
continue as though such Committee had not expired.
SEC. 3305. NATIONAL COMMERCIAL FISHING SAFETY ADVISORY COMMITTEE.
(a) National Commercial Fishing Safety Advisory Committee.--
(1) Amendments to section 15102.--Section 15102 of
title 46, United States Code, is amended--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) by inserting ``and
provide recommendations in
writing to'' after ``advise'';
and
(II) in subparagraph (E), by
striking ``and'' after the
semicolon; and
(ii) in paragraph (2)--
(I) by striking the period
and inserting ``; and''; and
(II) by adding at the end the
following:
``(3) review marine casualties and investigations of
vessels covered by chapter 45 of this title and make
recommendations to the Secretary to improve safety and
reduce vessel casualties.''; and
(B) by adding at the end the following:
``(d) Quorum.--A quorum of 10 members is required to send any
written recommendations from the Committee to the Secretary.
``(e) Savings Clause.--Nothing in this section shall preclude
the Secretary from taking emergency action to ensure safety and
preservation of life at sea.''.
(2) Amendments to section 15109.--Section 15109 of
title 46, United States Code, is amended--
(A) in subsection (a)--
(i) by striking ``Each'' and
inserting the following:
``(1) In general.--Except as provided in paragraph
(2), each''; and
(ii) by adding at the end the
following:
``(2) Minimum requirements.--The committee
established under section 15102, shall--
``(A) meet in-person, not less frequently
than twice each year, at the call of the
Secretary of a majority of the members of the
committee;
``(B) hold additional meetings as necessary;
``(C) post the minutes of each meeting of the
committee on a publicly available website not
later than 2 weeks after the date on which a
meeting concludes; and
``(D) provide reasonable public notice of any
meeting of the committee, and publish such
notice in the Federal Register and on a
publicly available website.'';
(B) in subsection (f)(8)--
(i) by striking ``Notwithstanding''
and inserting the following:
``(A) Reappointment.--Notwithstanding''; and
(ii) by adding at the end the
following:
``(B) Limitation.--With respect to the
committee established under section 15102,
members may serve not more than 3 terms.'';
(C) in subsection (j)(3)--
(i) in subparagraph (B), by striking
``and'';
(ii) in subparagraph (C), by striking
the period and inserting ``; and''; and
(iii) by adding at the end the
following:
``(D) make all responses required by
subparagraph (C) which are related to
recommendations made by the committee
established under section 15102 available to
the public not later than 30 days after the
date of response.'';
(D) by amending subsection (k) to read as
follows:
``(k) Observers.--
``(1) In general.--Any Federal agency with matters
under such agency's administrative jurisdiction related
to the function of a committee established under this
chapter may designate a representative to--
``(A) attend any meeting of such committee;
and
``(B) participate as an observer at meetings
of such committee that relate to such a matter.
``(2) National commercial fishing safety advisory
committee.--With respect to the committee established
under section 15102, the Commandant of the Coast Guard
shall designate a representative under paragraph
(1).'';
(E) in subsection (l), by striking ``2027''
and inserting ``2029'';
(F) by redesignating subsection (l) as
subsection (m);
(G) by inserting after subsection (k) the
following:
``(l) Technical Assistance.--
``(1) In general.--The Secretary shall provide
technical assistance to the Committee if requested by
the Chairman.
``(2) Committee consultation.--With respect to the
committee established under section 15102, the Chairman
of the committee shall seek expertise from the fishing
industry, marine safety experts, the shipbuilding
industry, and others as the committee determines
appropriate.''; and
(H) by adding at the end the following:
``(n) Savings Clause.--Nothing in this section shall preclude
the Secretary from taking emergency action to ensure safety and
preservation of life at sea.''.
SEC. 3306. EXEMPTION OF COMMERCIAL FISHING VESSELS OPERATING IN ALASKAN
REGION FROM GLOBAL MARITIME DISTRESS AND SAFETY
SYSTEM REQUIREMENTS OF FEDERAL COMMUNICATIONS
COMMISSION.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of the department in which
the Coast Guard is operating.
(b) Exemption.--Subject to subsection (c), the Federal
Communications Commission shall exempt fishing vessels that
primarily operate in the Alaskan Region, including fishing
vessels that transit from States in the Pacific Northwest to
conduct fishing operations in the Alaskan Region, from the
requirements relating to carriage of VHF-DSC and MF-DSC
equipment under subpart W of part 80 of title 47, Code of
Federal Regulations, or any successor regulation.
(c) Functional Requirements.--A fishing vessel exempted under
subsection (b) shall--
(1) be capable of transmitting ship-to-shore distress
alerts using not fewer than 2 separate and independent
systems, each using a different radio communication
service;
(2) be equipped with--
(A) a VHF radiotelephone installation;
(B) an MF or HF radiotelephone installation;
(C) a Category 1, 406.0-406.1 MHz EPIRB
meeting the requirements of section 80.1061 of
title 47, Code of Federal Regulations, or any
successor regulation;
(D) a NAVTEX receiver meeting the
requirements of section 80.1101(c)(1) of title
47, Code of Federal Regulations, or any
successor regulation;
(E) survival craft equipment meeting the
requirements of section 80.1095 of title 47,
Code of Federal Regulations, or any successor
regulation; and
(F) a Search and Rescue Transponder meeting
the requirements of section 80.1101(c)(6) of
title 47, Code of Federal Regulations, or any
successor regulation;
(3) maintain a continuous watch on VHF Channel 16;
and
(4) as an alternative to the equipment listed in
subparagraphs (A) through (F) of paragraph (2), carry
equipment found by the Federal Communications
Commission, in consultation with the Secretary, to be
equivalent or superior with respect to ensuring the
safety of the vessel.
(d) Definition of Alaskan Region.--Not later than 30 days
after the date of enactment of this Act, the Secretary shall
define the term ``Alaskan Region'' for purposes of this
section. The Secretary shall include in the definition of such
term the area of responsibility of Coast Guard District 17.
Subtitle D--Ports
SEC. 3401. PORT, HARBOR, AND COASTAL FACILITY SECURITY.
Section 70116 of title 46, United States Code, is amended--
(1) in subsection (a), by inserting ``, cyber
incidents, transnational organized crime, and foreign
state threats'' after ``an act of terrorism'';
(2) in subsection (b)--
(A) in paragraphs (1) and (2), by inserting
``cyber incidents, transnational organized
crime, and foreign state threats'' after
``terrorism'' each place it appears; and
(B) in paragraph (3)--
(i) by striking ``armed'' and
inserting ``, armed (as needed),''; and
(ii) by striking ``terrorism or
transportation security incidents,''
and inserting ``terrorism, cyber
incidents, transnational organized
crime, foreign state threats, or
transportation security incidents,'';
and
(3) in subsection (c)--
(A) by striking ``70034,'' and inserting
``70033,''; and
(B) by adding at the end the following new
sentence: ``When preventing or responding to
acts of terrorism, cyber incidents,
transnational organized crime, or foreign state
threats, the Secretary may carry out this
section without regard to chapters 5 and 6 of
title 5 or Executive Orders 12866 and 13563.''.
SEC. 3402. AIMING LASER POINTER AT VESSEL.
(a) In General.--Subchapter II of chapter 700 of title 46,
United States Code, is amended by adding at the end the
following:
``Sec. 70014. Aiming laser pointer at vessel
``(a) Prohibition.--It shall be unlawful to cause the beam of
a laser pointer to strike a vessel operating on the navigable
waters of the United States.
``(b) Exceptions.--This section shall not apply to a member
or element of the Department of Defense or Department of
Homeland Security acting in an official capacity for the
purpose of research, development, operations, testing, or
training.
``(c) Laser Pointer Defined.--In this section the term `laser
pointer' means any device designed or used to amplify
electromagnetic radiation by stimulated emission that emits a
beam designed to be used by the operator as a pointer or
highlighter to indicate, mark, or identify a specific position,
place, item, or object.''.
(b) Clerical Amendment.--The analysis for subchapter II of
chapter 700 of title 46, United States Code, is amended by
adding at the end the following:
``70014. Aiming laser pointer at vessel.''.
SEC. 3403. SAFETY OF SPECIAL ACTIVITIES.
(a) In General.--The Secretary of the department in which the
Coast Guard is operating shall conduct a 2-year pilot program
to establish and implement a process to--
(1) establish safety zones to address special
activities in the exclusive economic zone;
(2) account for the number of safety zones
established for special activities;
(3) differentiate whether an applicant who requests a
safety zone for such activities is--
(A) an individual;
(B) an organization; or
(C) a government entity; and
(4) account for Coast Guard resources utilized to
enforce safety zones established for special
activities, including--
(A) the number of Coast Guard or Coast Guard
Auxiliary vessels used; and
(B) the number of Coast Guard or Coast Guard
Auxiliary patrol hours required.
(b) Briefing.--Not later than 180 days after the expiration
of the 2-year pilot program, the Commandant shall brief the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate regarding--
(1) the process required under subsection (a); and
(2) whether the authority to establish safety zones
to address special activities in the exclusive economic
zone should be extended or made permanent in the
interest of safety.
(c) Definitions.--In this section:
(1) Safety zone.--The term ``safety zone'' has the
meaning given such term in section 165.20 of title 33,
Code of Federal Regulations.
(2) Special activities.--The term ``special
activities'' includes--
(A) space activities, including launch and
reentry, as such terms are defined in section
50902 of title 51, United States Code, carried
out by United States citizens; and
(B) offshore energy development activities,
as described in section 8(p)(1)(C) of the Outer
Continental Shelf Lands Act (43 U.S.C.
1337(p)(1)(C)), on or near a fixed platform.
(3) United states citizen.--The term ``United States
citizen'' has the meaning given the term ``eligible
owners'' in section 12103 of title 46, United States
Code.
(4) Fixed platform.--The term ``fixed platform''
means an artificial island, installation, or structure
permanently attached to the sea-bed for the purpose of
exploration or exploitation of resources or for other
economic purposes.
SEC. 3404. SECURITY PLANS; REVIEWS.
Section 70103 of title 46, United States Code, is amended--
(1) by amending subsection (b)(3) to read as follows:
``(3) The Secretary shall review and approve Area
Maritime Transportation Security Plans and updates
under this subsection.''; and
(2) in subsection (c)(4), by inserting ``or update''
after ``plan'' each place it appears.
SEC. 3405. VESSEL TRAFFIC SERVICE.
Section 70001 of title 46, United States Code, is amended to
read as follows:
``Sec. 70001. Vessel traffic services
``(a) In General.--Subject to the requirements of section
70004, the Secretary--
``(1) in any port or place under the jurisdiction of
the United States, in the navigable waters of the
United States, or in any area covered by an
international agreement negotiated pursuant to section
70005, may construct, operate, maintain, improve, or
expand vessel traffic services, that consist of
measures for controlling or supervising vessel traffic
or for protecting navigation and the marine environment
and that may include one or more of reporting and
operating requirements, surveillance and communications
systems, routing systems, and fairways;
``(2) shall require appropriate vessels that operate
in an area of a vessel traffic service to utilize or
comply with that service;
``(3) may require vessels to install and use
specified navigation equipment, communications
equipment, electronic relative motion analyzer
equipment, or any electronic or other device necessary
to comply with a vessel traffic service or that is
necessary in the interests of vessel safety, except
that the Secretary shall not require fishing vessels
under 300 gross tons as measured under section 14502,
or an alternate tonnage measured under section 14302 as
prescribed by the Secretary under section 14104, or
recreational vessels 65 feet or less to possess or use
the equipment or devices required by this subsection
solely under the authority of this chapter;
``(4) may control vessel traffic in areas subject to
the jurisdiction of the United States that the
Secretary determines to be hazardous, or under
conditions of reduced visibility, adverse weather,
vessel congestion, or other hazardous circumstances,
by--
``(A) specifying times of entry, movement, or
departure;
``(B) establishing vessel traffic routing
schemes;
``(C) establishing vessel size, speed, or
draft limitations and vessel operating
conditions; and
``(D) restricting operation, in any hazardous
area or under hazardous conditions, to vessels
that have particular operating characteristics
or capabilities that the Secretary considers
necessary for safe operation under the
circumstances;
``(5) may require the receipt of prearrival messages
from any vessel, destined for a port or place subject
to the jurisdiction of the United States, in sufficient
time to permit advance vessel traffic planning before
port entry, which shall include any information that is
not already a matter of record and that the Secretary
determines necessary for the control of the vessel and
the safety of the port or the marine environment; and
``(6) may prohibit the use on vessels of electronic
or other devices that interfere with communication and
navigation equipment, except that such authority shall
not apply to electronic or other devices certified to
transmit in the maritime services by the Federal
Communications Commission and used within the frequency
bands 157.1875-157.4375 MHz and 161.7875-162.0375 MHz.
``(b) National Policy.--
``(1) Establishment and update of national policy.--
``(A) Establishment of policy.--Not later
than one year after the date of enactment of
this section, the Secretary shall establish a
national policy which is inclusive of local
variances permitted under subsection (c), to be
applied to all vessel traffic service centers
and publish such policy in the Federal
Register.
``(B) Update.--The Secretary shall
periodically update the national policy
established under subparagraph (A) and shall
publish such update in the Federal Register or
on a publicly available website.
``(2) Elements.--The national policy established and
updated under paragraph (1) shall include, at a
minimum, the following:
``(A) Standardization of titles, roles, and
responsibilities for all personnel assigned,
working, or employed in a vessel traffic
service center.
``(B) Standardization of organizational
structure within vessel traffic service
centers, to include supervisory and reporting
chain and processes.
``(C) Establishment of directives for the
application of authority provided to each
vessel traffic service center, specifically
with respect to directing or controlling vessel
movement when such action is justified in the
interest of safety.
``(D) Establishment of thresholds and
measures for monitoring, informing,
recommending, and directing vessel traffic.
``(E) Establishment of national procedures
and protocols for vessel traffic management.
``(F) Standardization of training for all
vessel traffic service directors, operators,
and watchstanders.
``(G) Establishment of certification and
competency evaluation for all vessel traffic
service directors, operators, and
watchstanders.
``(H) Establishment of standard operating
language when communicating with vessel traffic
users.
``(I) Establishment of data collection,
storage, management, archiving, and
dissemination policies and procedures for
vessel incidents and near-miss incidents.
``(c) Local Variances.--
``(1) Development.--In this section, the Secretary
may provide for such local variances as the Secretary
considers appropriate to account for the unique vessel
traffic, waterway characteristics, and any additional
factors that are appropriate to enhance navigational
safety in any area where vessel traffic services are
provided.
``(2) Review and approval by secretary.--The Captain
of the Port covered by a vessel traffic service center
may develop and submit to the Secretary regional
policies in addition to the national policy established
and updated under subsection (b) to account for
variances from that national policy with respect to
local vessel traffic conditions and volume, geography,
water body characteristics, waterway usage, and any
additional factors that the Captain considers
appropriate.
``(3) Review and implementation.--Not later than 180
days after receiving regional policies under paragraph
(2)--
``(A) the Secretary shall review such
regional policies; and
``(B) the Captain of the port concerned shall
implement the policies that the Secretary
approves.
``(4) Maintenance.--The Secretary shall maintain a
central depository for all local variances approved
under this section.
``(d) Cooperative Agreements.--
``(1) In general.--The Secretary may enter into
cooperative agreements with public or private agencies,
authorities, associations, institutions, corporations,
organizations, or other persons to carry out the
functions under subsection (a)(1).
``(2) International coordination.--With respect to
vessel traffic service areas that cross international
boundaries, the Secretary may enter into bilateral or
cooperative agreements with international partners to
jointly carry out the functions under subsection (a)(1)
and to jointly manage such areas to collect, share,
assess, and analyze information in the possession or
control of the international partner.
``(3) Limitation.--
``(A) Inherently governmental function.--A
nongovernmental entity may not under this
subsection carry out an inherently governmental
function.
``(B) Definition of inherently governmental
function.--In this paragraph, the term
`inherently governmental function' means any
activity that is so intimately related to the
public interest as to mandate performance by an
officer or employee of the Federal Government,
including an activity that requires either the
exercise of discretion in applying the
authority of the Government or the use of
judgment in making a decision for the
Government.
``(4) Disclosure.--The Commandant of the Coast Guard
shall de-identify information prior to release to the
public, including near miss incidents.
``(e) Performance Evaluation.--
``(1) In general.--The Secretary shall develop and
implement a standard method for evaluating the
performance of vessel traffic service centers.
``(2) Elements.--The standard method developed and
implemented under paragraph (1) shall include, at a
minimum, analysis and collection of data with respect
to the following within a vessel traffic service area
covered by each vessel traffic service center:
``(A) Volume of vessel traffic, categorized
by type of vessel.
``(B) Total volume of flammable, combustible,
or hazardous liquid cargo transported,
categorized by vessel type as provided in the
Notice of Arrival, if applicable, or as
determined by other means.
``(C) Data on near-miss incidents.
``(D) Data on marine casualties.
``(E) Application by vessel traffic operators
of traffic management authority during near-
miss incidents and marine casualties.
``(F) Other additional methods as the
Secretary considers appropriate.
``(3) Report.--Not later than 1 year after the date
of the enactment of this paragraph, and biennially
thereafter, the Secretary shall submit to the Committee
on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the
evaluation conducted under paragraph (1) of the
performance of vessel traffic service centers,
including--
``(A) recommendations to improve safety and
performance; and
``(B) data regarding marine casualties and
near-miss incidents that have occurred during
the period covered by the report.
``(f) Risk Assessment Program.--
``(1) In general.--The Secretary shall develop a
continuous risk assessment program to evaluate and
mitigate safety risks for each vessel traffic service
area to improve safety and reduce the risks of oil and
hazardous material discharge in navigable waters.
``(2) Method for assessment.--The Secretary, in
coordination with stakeholders and the public, shall
develop a standard method for conducting risk
assessments under paragraph (1) that includes the
collection and management of all information necessary
to identify and analyze potential hazardous
navigational trends within a vessel traffic service
area.
``(3) Information to be assessed.--
``(A) In general.--The Secretary shall ensure
that a risk assessment conducted under
paragraph (1) includes an assessment of the
following:
``(i) Volume of vessel traffic,
categorized by type of vessel.
``(ii) Total volume of flammable,
combustible, or hazardous liquid cargo
transported, categorized by vessel type
as provided in the Notice of Arrival,
if applicable, or as determined by
other means.
``(iii) Data on near-miss events
incidents.
``(iv) Data on marine casualties.
``(v) Geographic locations for near-
miss events incidents and marine
casualties, including latitude and
longitude.
``(vi) Cyclical risk factors such as
weather, seasonal water body currents,
tides, bathymetry, and topography.
``(vii) Weather data, in coordination
with the National Oceanic and
Atmospheric Administration.
``(B) Information storage and management
policies.--The Secretary shall retain all
information collected under subparagraph (A)
and ensure policies and procedures are in place
to standardize the format in which that
information is retained to facilitate
statistical analysis of that information to
calculate within a vessel traffic service area,
at a minimum, the incident rate, intervention
rate, and casualty prevention rate.
``(4) Public availability.--
``(A) Assessments and information.--In
accordance with section 552 of title 5, the
Secretary shall make any risk assessments
conducted under paragraph (1) and any
information collected under paragraph (3)(A)
available to the public.
``(B) Information in possession or control of
international partners.--The Secretary shall
endeavor to coordinate with international
partners as described in subsection (d)(2) to
enter into agreements to make information
collected, shared, and analyzed under that
paragraph available to the public.
``(C) Disclosure.--The Commandant of the
Coast Guard shall de-identify information prior
to release to the public, including near-miss
incidents.
``(g) Vessel Traffic Service Training.--
``(1) Training program.--
``(A) In general.--The Secretary shall
develop a comprehensive nationwide training
program for all vessel traffic service
directors, operators, and watchstanders.
``(B) Elements.--The comprehensive nationwide
training program under subparagraph (A) and any
variances to that program under subsection (c)
shall include, at a minimum, the following:
``(i) Realistic vessel traffic
scenarios to the maximum extent
practicable that integrate--
``(I) the national policy
developed under subsection (b);
``(II) international rules
under the International
Navigational Rules Act of 1977
(33 U.S.C. 1601 et seq.);
``(III) inland navigation
rules under part 83 of title
33, Code of Federal
Regulations;
``(IV) the application of
vessel traffic authority; and
``(V) communication with
vessel traffic service users.
``(ii) Proficiency training with
respect to use, interpretation, and
integration of available data on vessel
traffic service display systems such as
radar, and vessel automatic
identification system feeds.
``(iii) Practical application of--
``(I) the international rules
under the International
Navigational Rules Act of 1977
(33 U.S.C. 1601 et seq.); and
``(II) the inland navigation
rules under part 83 of title
33, Code of Federal
Regulations.
``(iv) Proficiency training with
respect to the operation of radio
communications equipment and any other
applicable systems necessary to execute
vessel traffic service authorities.
``(v) Incorporation of the Standard
Marine Communication Phrases adopted by
the International Maritime Organization
by resolution on April 4, 2000, as
amended and consolidated, or any
successor resolution.
``(vi) Incorporation to the maximum
extent possible of guidance and
recommendations contained in vessel
traffic services operator training,
vessel traffic services supervisor
training, or other relevant training
set forth by the International
Association of Marine Aids to
Navigation and Lighthouse Authorities.
``(vii) A minimum number of hours of
training for an individual to complete
before the individual is qualified to
fill a vessel traffic services position
without supervision.
``(viii) Local area geographic and
operational familiarization.
``(ix) Such additional components as
the Secretary considers appropriate.
``(2) Standard competency qualification process.--
``(A) In general.--The Secretary shall
develop a standard competency qualification
process to be applied to all personnel
assigned, employed, or working in a vessel
traffic service center.
``(B) Application of process.--The competency
qualification process developed under
subparagraph (A) shall include measurable
thresholds for determining proficiency.
``(3) International and inland navigation rules
test.--
``(A) In general.--All personnel assigned,
employed, or working in a vessel traffic
service center with responsibilities that
include communicating, interacting, or
directing vessels within a vessel traffic
service area, as determined under the national
policy developed under subsection (b), shall be
required to pass a United States international
and inland navigation rules test developed by
the Secretary.
``(B) Elements of test.--The Secretary shall
determine the content and passing standard for
the rules test developed under subparagraph
(A).
``(C) Testing frequency.--The Secretary shall
establish a frequency, not to exceed once every
5 years, for personnel described in
subparagraph (A) to be required to pass the
rules test developed under such subparagraph.
``(h) Research on Vessel Traffic.--
``(1) Vessel communication.--The Secretary shall
conduct research, in consultation with subject matter
experts identified by the Secretary, to develop more
effective procedures for monitoring vessel
communications on radio frequencies to identify and
address unsafe situations in a vessel traffic service
area. The Secretary shall consider data collected under
subparagraph (A) of subsection (f)(3).
``(2) Professional mariner representation.--
``(A) In general.--The Secretary shall
conduct research, in consultation with local
stakeholders and subject matter experts
identified by the Secretary, to evaluate and
determine the feasibility, costs and benefits
of representation by professional mariners on
the vessel traffic service watchfloor at each
vessel traffic service center.
``(B) Implementation.--The Secretary shall
implement representation by professional
mariners on the vessel traffic service
watchfloor at those vessel traffic service
centers for which it is determined feasible and
beneficial pursuant to research conducted under
subparagraph (A).
``(i) Inclusion of Identification System on Certain
Vessels.--
``(1) In general.--The National Navigation Safety
Advisory Committee shall advise and provide
recommendations to the Secretary on matters relating to
the practicability, economic costs, regulatory burden,
and navigational impact of outfitting vessels lacking
independent means of propulsion that carry flammable,
combustible, or hazardous liquid cargo with vessel
automatic identification systems.
``(2) Regulations.--Based on the evaluation under
paragraph (1), the Secretary shall prescribe such
regulations as the Secretary considers appropriate to
establish requirements relating to the outfitting of
vessels described in such subparagraph with vessel
automatic identification systems.
``(j) Periodic Review of Vessel Traffic Service Needs.--
``(1) In general.--Based on the performance
evaluation conducted under subsection (e) and the risk
assessment conducted under subsection (f), the
Secretary shall periodically review vessel traffic
service areas to determine--
``(A) if there are any additional vessel
traffic service needs in those areas; and
``(B) if a vessel traffic service area should
be moved or modified.
``(2) Information to be assessed.--
``(A) In general.--The Secretary shall ensure
that a review conducted under paragraph (1)
includes an assessment of the following:
``(i) Volume of vessel traffic,
categorized by type of vessel.
``(ii) Total volume of flammable,
combustible, or hazardous liquid cargo
transported, categorized by vessel type
as provided in the Notice of Arrival,
if applicable, or as determined by
other means.
``(iii) Data on near miss incidents.
``(iv) Data on marine casualties.
``(v) Geographic locations for near-
miss incidents and marine casualties,
including latitude and longitude.
``(vi) Cyclical risk factors such as
weather, seasonal water body currents,
tides, bathymetry, and topography.
``(vii) Weather data, in coordination
with the National Oceanic and
Atmospheric Administration.
``(3) Stakeholder input.--In conducting the periodic
reviews under paragraph (1), the Secretary shall seek
input from port and waterway stakeholders to identify
areas of increased vessel conflicts or marine
casualties that could benefit from the use of routing
measures or vessel traffic service special areas to
improve safety, port security, and environmental
protection.
``(4) Disclosure.--The Commandant of the Coast Guard
shall de-identify information prior to release to the
public, including near miss incidents.
``(k) Limitation of Liability for Coast Guard Vessel Traffic
Service Pilots and Non-Federal Vessel Traffic Service
Operators.--
``(1) Coast guard vessel traffic service pilots.--Any
pilot, acting in the course and scope of his or her
duties while at a Coast Guard Vessel Traffic Service
Center, who provides information, advice, or
communication assistance while under the supervision of
a Coast Guard officer, member, or employee shall not be
liable for damages caused by or related to such
assistance unless the acts or omissions of such pilot
constitute gross negligence or willful misconduct.
``(2) Non-federal vessel traffic service operators.--
An entity operating a non-Federal vessel traffic
information service or advisory service pursuant to a
duly executed written agreement with the Coast Guard,
and any pilot acting on behalf of such entity, is not
liable for damages caused by or related to information,
advice, or communication assistance provided by such
entity or pilot while so operating or acting unless the
acts or omissions of such entity or pilot constitute
gross negligence or willful misconduct.
``(l) Existing Authority.--Nothing in this section shall be
construed to alter the existing authorities of the Secretary to
enhance navigation, vessel safety, marine environmental
protection, and to ensure safety and preservation of life and
property at sea.
``(m) Definitions.--In this section:
``(1) Hazardous liquid cargo.--The term `hazardous
liquid cargo' has the meaning given that term in
regulations prescribed under section 5103 of title 49.
``(2) Marine casualty.--The term `marine casualty'
has the meaning given that term in regulations
prescribed under section 6101(a).
``(3) Vessel traffic service area.--The term `vessel
traffic service area' means an area specified in
subpart C of part 161 of title 33, Code of Federal
Regulations, or any successor regulation.
``(4) Vessel traffic service center.--The term
`vessel traffic service center' means a center for the
provision of vessel traffic services in a vessel
traffic service area.
``(5) Near miss incident.--The term `near miss
incident' means any occurrence or series of occurrences
having the same origin, involving one or more vessels,
facilities, or any combination thereof, resulting in
the substantial threat of a marine casualty.
``(6) De-identified.--The term `de-identified' means
the process by which all information that is likely to
establish the identity of the specific persons or
entities noted in the reports, data, or other
information is removed from the reports, data, or other
information.''.
SEC. 3406. TRANSPORTATION WORK IDENTIFICATION CARD PILOT PROGRAM.
Section 70105(g) of title 46, United States Code, is amended
by striking ``shall concurrently'' and all that follows and
inserting the following: ``shall--
``(1) develop and, no later than 2 years after the
date of enactment of the Elijah E. Cummings Coast Guard
Authorization Act of 2020, implement a joint
application for merchant mariner's documents under
chapter 73 and for a transportation security card
issued under this section; and
``(2) upon receipt of a joint application developed
under paragraph (1) concurrently process an application
from an individual for merchant mariner's documents
under chapter 73 and an application from such
individual for a transportation security card under
this section.''.
TITLE IV--MISCELLANEOUS
Subtitle A--Navigation and Shipping
SEC. 4101. COASTWISE TRADE.
(a) In General.--The Commandant shall review the adequacy of
and continuing need for provisions in title 46, Code of Federal
Regulations, that require a United States vessel documented
under chapter 121 of title 46, United States Code, possessing a
coastwise endorsement under that chapter, and engaged in
coastwise trade, to comply with regulations for vessels engaged
in an international voyage.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Commandant shall provide to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a briefing on the findings of the
review required under subsection (a) and a discussion of how
existing laws and regulations could be amended to ensure the
safety of vessels described in subsection (a) while infringing
as little as possible on commerce.
SEC. 4102. TOWING VESSELS OPERATING OUTSIDE BOUNDARY LINE.
(a) Definitions.--In this section--
(1) the term ``Boundary Line'' has the meaning given
the term in section 103 of title 46, United States
Code;
(2) the term ``Officer in Charge, Marine Inspection''
has the meaning given the term in section 3305(d)(4) of
title 46, United States Code; and
(3) the term ``Secretary'' means the Secretary of the
Department in which the Coast Guard is operating.
(b) Interim Exemption.--A towing vessel described in
subsection (c) and a response vessel included on a vessel
response plan are exempt from any additional requirements of
subtitle II of title 46, United States Code, and chapter I of
title 33 and chapter I of title 46, Code of Federal Regulations
(as in effect on the date of the enactment of this Act), that
would result solely from such vessel operating outside the
Boundary Line, if--
(1) the vessel is--
(A) operating outside the Boundary Line
solely to perform regular harbor assist
operations; or
(B) listed as a response vessel on a vessel
response plan and is operating outside the
Boundary Line solely to perform duties of a
response vessel;
(2) the vessel is approved for operations outside the
Boundary Line by the Officer in Charge, Marine
Inspection and the Coast Guard Marine Safety Center;
and
(3) the vessel has sufficient manning and lifesaving
equipment for all persons on board, in accordance with
part 15 and section 141.225 of title 46, Code of
Federal Regulations (or any successor regulation).
(c) Applicability.--This section applies to a towing vessel--
(1) that is subject to inspection under chapter 33 of
title 46, United States Code, and subchapter M of
chapter I of title 46, Code of Federal Regulations (or
any successor regulation);
(2) with only ``Lakes, Bays, and Sounds'' or
``Rivers'' routes recorded on such vessel's certificate
of inspection pursuant to section 136.230 of title 46,
Code of Federal Regulations (or any successor
regulation);
(3) that, with respect to a vessel described in
subsection (b)(1)(A), is operating as a harbor assist
vessel and regularly engaged in harbor assist
operations, including the docking, undocking, mooring,
unmooring, and escorting of vessels with limited
maneuverability; and
(4) that, with respect to a vessel that is described
in subsection (b)(1)(B), is listed--
(A) on a vessel response plan under part 155
of title 33, Code of Federal Regulations, on
the date of approval of the vessel response
plan; or
(B) by name or reference in the vessel
response plan's geographic-specific appendix on
the date of approval of the vessel response
plan.
(d) Limitations.--A vessel exempted under subsection (b) is
subject to the following operating limitations:
(1) The voyage of a vessel described in subsection
(b)(1)(A) shall--
(A) be less than 12 hours in total duration;
(B) originate and end in the inspection zone
of a single Officer in Charge, Marine
Inspection; and
(C) occur no further than 10 nautical miles
from the Boundary Line.
(2) The voyage of a vessel described in subsection
(b)(1)(B) shall--
(A) originate and end in the inspection zone
of a single Officer in Charge, Marine
Inspection; and
(B) either--
(i) in the case of a voyage in the
territorial waters of Alaska, Guam,
Hawaii, American Samoa, and the
Northern Mariana Islands, have
sufficient manning as determined by the
Secretary; or
(ii) be less than 12 hours.
(e) Safety.--
(1) Safety restrictions.--The Officer in Charge,
Marine Inspection for an inspection zone may restrict
operations under the interim exemption provided under
subsection (b) for safety purposes.
(2) Comprehensive lists.--The Officer in Charge,
Marine Inspection for an inspection zone shall maintain
and periodically update a comprehensive list of all
towing vessels described in subsection (c) that operate
in the inspection zone.
(3) Notification.--Not later than 24 hours prior to
intended operations outside of the Boundary Line, a
towing vessel exempted under subsection (b) shall
notify the Office in Charge, Marine Inspection for the
inspection zone of such operations. Such notification
shall include--
(A) the date, time, and length of voyage;
(B) a crew list, with each crew member's
credentials and work hours; and
(C) an attestation from the master of the
towing vessel that the vessel has sufficient
manning and lifesaving equipment for all
persons on board.
(f) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Commandant of the Coast Guard shall
brief the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives regarding the
following:
(1) The impacts of the interim exemption provided
under this section.
(2) Any safety concerns regarding the expiration of
such interim exemption.
(3) Whether such interim exemption should be
extended.
(g) Termination.--The interim exemption provided under
subsection (b) shall terminate on the date that is 2 years
after the date of the enactment of this Act.
SEC. 4103. SENSE OF CONGRESS REGARDING THE MARITIME INDUSTRY OF THE
UNITED STATES.
It is the sense of Congress that the maritime industry of the
United States contributes to the Nation's economic prosperity
and national security.
SEC. 4104. CARGO PREFERENCE STUDY.
(a) In General.--The Comptroller General of the United States
shall conduct an audit regarding the enforcement of the United
States Cargo Preference Laws set forth in sections 55302,
55303, 55304, and 55305 of title 46, United States Code, and
section 2631 of title 10, United States Code (hereinafter in
this section referred to as the ``United States Cargo
Preference Laws'').
(b) Scope.--The audit conducted under subsection (a) shall
include, for the period from October 14, 2008, until the date
of the enactment of this Act--
(1) a listing of the agencies and organizations
required to comply with the United States Cargo
Preference Laws;
(2) an analysis of the compliance or noncompliance of
such agencies and organizations with such laws,
including--
(A) the total amount of oceangoing cargo that
each such agency, organization, or contractor
procured for its own account or for which
financing was in any way provided with Federal
funds, including loan guarantees;
(B) the percentage of such cargo shipped on
privately owned commercial vessels of the
United States;
(C) an assessment of internal programs and
controls used by each such agency or
organization to monitor and ensure compliance
with the United States Cargo Preference Laws,
to include education, training, and supervision
of its contracting personnel, and the
procedures and controls used to monitor
compliance with cargo preference requirements
by contractors and subcontractors; and
(D) instances in which cargoes are shipped on
foreign-flag vessels under non-availability
determinations but not counted as such for
purposes of calculating cargo preference
compliance; and
(3) an overview of enforcement activities undertaken
by the Maritime Administration from October 14, 2008,
until the date of the enactment of this Act, including
a listing of all bills of lading collected by the
Maritime Administration during that period.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report detailing the results of
the audit and providing recommendations related to such
results, to include--
(1) actions that should be taken by agencies and
organizations to fully comply with the United States
Cargo Preference Laws; and
(2) Other measures that may compel agencies and
organizations, and their contractors and
subcontractors, to use United States flag vessels in
the international transportation of ocean cargoes as
mandated by the United States Cargo Preference Laws.
SEC. 4105. TOWING VESSEL INSPECTION FEES.
Notwithstanding section 9701 of title 31, United States Code,
and section 2110 of title 46, United States Code, the Secretary
of the department in which the Coast Guard is operating may not
charge an inspection fee for towing vessels required to have a
Certificate of Inspection under subchapter M of title 46, Code
of Federal Regulations, until--
(1) the completion of the review required under
section 815 of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282); and
(2) the promulgation of regulations to establish
specific inspection fees for such vessels.
Subtitle B--Maritime Domain Awareness
SEC. 4201. UNMANNED MARITIME SYSTEMS AND SATELLITE VESSEL TRACKING
TECHNOLOGIES.
(a) Assessment.--The Commandant, acting through the Blue
Technology Center of Expertise, shall regularly assess
available unmanned maritime systems and satellite vessel
tracking technologies for potential use to support missions of
the Coast Guard.
(b) Report.--
(1) In general.--Not later than 1 year after the date
of the enactment of this Act, and biennially
thereafter, the Commandant shall submit to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on
the actual and potential effects of the use of then-
existing unmanned maritime systems and satellite vessel
tracking technologies on the mission effectiveness of
the Coast Guard.
(2) Contents.--Each report submitted under paragraph
(1) shall include the following:
(A) An inventory of current unmanned maritime
systems used by the Coast Guard, an overview of
such usage, and a discussion of the mission
effectiveness of such systems, including any
benefits realized or risks or negative aspects
of such usage.
(B) An inventory of satellite vessel tracking
technologies, and a discussion of the potential
mission effectiveness of such technologies,
including any benefits or risks or negative
aspects of such usage.
(C) A prioritized list of Coast Guard mission
requirements that could be met with additional
unmanned maritime systems, or with satellite
vessel tracking technologies, and the estimated
costs of accessing, acquiring, or operating
such systems, taking into consideration the
interoperability of such systems with the
current and future fleet of--
(i) National Security Cutters;
(ii) Fast Response Cutters;
(iii) Offshore Patrol Cutters;
(iv) Polar Security Cutters; and
(v) in-service legacy cutters,
including the 210- and 270-foot medium
endurance cutters and 225-foot Buoy
Tenders.
(c) Definitions.--In this section:
(1) Unmanned maritime systems.--
(A) In general.--The term ``unmanned maritime
systems'' means--
(i) remotely operated or autonomous
vehicles produced by the commercial
sector designed to travel in the air,
on or under the ocean surface, on land,
or any combination thereof, and that
function without an on-board human
presence; and
(ii) associated components of such
vehicles, including control and
communications systems, data
transmission systems, and processing
systems.
(B) Examples.--Such term includes the
following:
(i) Unmanned undersea vehicles.
(ii) Unmanned surface vehicles.
(iii) Unmanned aerial vehicles.
(iv) Autonomous underwater vehicles.
(v) Autonomous surface vehicles.
(vi) Autonomous aerial vehicles.
(2) Available unmanned maritime systems.--The term
``available unmanned maritime systems'' includes
systems that can be purchased commercially or are in
use by the Department of Defense or other Federal
agencies.
(3) Satellite vessel tracking technologies.--The term
``satellite vessel tracking technologies'' means
shipboard broadcast systems that use satellites and
terrestrial receivers to continually track vessels.
SEC. 4202. UNMANNED AIRCRAFT SYSTEMS TESTING.
(a) Training Area.--The Commandant shall carry out and
update, as appropriate, a program for the use of one or more
training areas to facilitate the use of unmanned aircraft
systems and small unmanned aircraft to support missions of the
Coast Guard.
(b) Designation of Area.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Commandant shall, as
part of the program under subsection (a), designate an
area for the training, testing, and development of
unmanned aircraft systems and small unmanned aircraft.
(2) Considerations.--In designating a training area
under paragraph (1), the Commandant shall--
(A) ensure that such training area has or
receives all necessary Federal Aviation
Administration flight authorization; and
(B) take into consideration all of the
following attributes of the training area:
(i) Direct over-water maritime access
from the site.
(ii) The availability of existing
Coast Guard support facilities,
including pier and dock space.
(iii) Proximity to existing and
available offshore Warning Area
airspace for test and training.
(iv) Existing facilities and
infrastructure to support unmanned
aircraft system-augmented, and small
unmanned aircraft-augmented, training,
evaluations, and exercises.
(v) Existing facilities with a proven
track record of supporting unmanned
aircraft systems and small unmanned
aircraft systems flight operations.
(c) Definitions.--In this section--
(1) the term ``existing'' means as of the date of
enactment of this Act; and
(2) the terms ``small unmanned aircraft'' and
``unmanned aircraft system'' have the meanings given
those terms in section 44801 of title 49, United States
Code.
SEC. 4203. LAND-BASED UNMANNED AIRCRAFT SYSTEM PROGRAM OF COAST GUARD.
(a) Funding for Certain Enhanced Capabilities.--Section 319
of title 14, United States Code, is amended by adding at the
end the following new subsection:
``(c) Funding for Certain Enhanced Capabilities.--In each of
fiscal years 2020 and 2021, the Commandant may provide
additional funding of $5,000,000 for additional long-range
maritime patrol aircraft, acquired through full and open
competition.''.
(b) Report on Use of Unmanned Aircraft Systems for Certain
Surveillance.--
(1) Report required.--Not later than March 31, 2021,
the Commandant, in coordination with the Administrator
of the Federal Aviation Administration on matters
related to aviation safety and civilian aviation and
aerospace operations, shall submit to the appropriate
committees of Congress a report setting forth an
assessment of the feasibility and advisability of using
unmanned aircraft systems for surveillance of marine
protected areas, the transit zone, and the Arctic in
order to--
(A) establish and maintain regular maritime
domain awareness of such areas;
(B) ensure appropriate response to illegal
activities in such areas; and
(C) collaborate with State, local, and tribal
authorities, and international partners, in
surveillance missions over their waters in such
areas.
(2) Appropriate committees of congress defined.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Homeland
Security and Governmental Affairs of the
Senate; and
(B) the Committee on Transportation and
Infrastructure and the Committee on Homeland
Security of the House of Representatives.
SEC. 4204. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE
UNMANNED AIRCRAFT SYSTEMS.
(a) Prohibition on Agency Operation or Procurement.--The
Commandant may not operate or enter into or renew a contract
for the procurement of--
(1) an unmanned aircraft system that--
(A) is manufactured in a covered foreign
country or by an entity domiciled in a covered
foreign country;
(B) uses flight controllers, radios, data
transmission devices, cameras, or gimbals
manufactured in a covered foreign country or by
an entity domiciled in a covered foreign
country;
(C) uses a ground control system or operating
software developed in a covered foreign country
or by an entity domiciled in a covered foreign
country; or
(D) uses network connectivity or data storage
located in or administered by an entity
domiciled in a covered foreign country; or
(2) a system manufactured in a covered foreign
country or by an entity domiciled in a covered foreign
country for the detection or identification of unmanned
aircraft systems.
(b) Exemption.--
(1) In general.--The Commandant is exempt from the
restriction under subsection (a) if--
(A) the operation or procurement is for the
purposes of--
(i) counter-UAS system surrogate
testing and training; or
(ii) intelligence, electronic
warfare, and information warfare
operations, testing, analysis, and
training; or
(B) the Commandant receives a certification
from the Coast Guard unit requesting to operate
or procure an unmanned aircraft system
otherwise restricted under subsection (a),
which shall include supporting manufacturer
information, that the unmanned aircraft system
does not--
(i) connect to the internet or an
outside telecommunications service;
(ii) connect to other devices or
electronics, except as necessary to
perform the mission; or
(iii) perform any missions in support
of classified information or that may
threaten national security.
(2) Expiration.--The authority under this subsection
to operate or procure an unmanned aircraft system
otherwise restricted under subsection (a) expires on
the date that is two years after the date of the
enactment of this Act.
(c) Waiver.--The Commandant may waive the restriction under
subsection (a) on a case by case basis by certifying in writing
to the Department of Homeland Security and the relevant
committees of jurisdiction that the operation or procurement is
required in the national interest of the United States.
(d) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered
foreign country'' means the People's Republic of China.
(2) Counter-UAS system.--The term ``counter-UAS
system'' has the meaning given such term in section
44801 of title 49, United States Code.
(3) Unmanned aircraft system.--The term ``unmanned
aircraft system'' has the meaning given such term in
section 44801 of title 49, United States Code.
SEC. 4205. UNITED STATES COMMERCIAL SPACE-BASED RADIO FREQUENCY
MARITIME DOMAIN AWARENESS TESTING AND EVALUATION
PROGRAM.
(a) Testing and Evaluation Program.--The Secretary of the
department in which the Coast Guard is operating, acting
through the Blue Technology Center of Expertise, shall carry
out a testing and evaluation program of United States
commercial space-based radio frequency geolocation and maritime
domain awareness products and services to support the mission
objectives of maritime enforcement by the Coast Guard and other
components of the Coast Guard. The objectives of this testing
and evaluation program shall include--
(1) developing an understanding of how United States
commercial space-based radio frequency data products
can meet current and future mission requirements;
(2) establishing how United States commercial space-
based radio frequency data products should integrate
into existing work flows; and
(3) establishing how United States commercial space-
based radio frequency data products could be integrated
into analytics platforms.
(b) Report.--Not later than 240 days after the date of
enactment of this Act, such Secretary shall prepare and submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the
results of the testing and evaluation program under subsection
(a), including recommendations on how the Coast Guard should
fully exploit United States commercial space-based radio
frequency data products to meet current and future mission
requirements.
SEC. 4206. AUTHORIZATION OF USE OF AUTOMATIC IDENTIFICATION SYSTEMS
DEVICES TO MARK FISHING EQUIPMENT.
(a) Definitions.--In this section--
(1) the term ``Automatic Identification System'' has
the meaning given the term in section 164.46(a) of
title 33, Code of Federal Regulations, or any successor
regulation;
(2) the term ``Automatic Identification System
device'' means a covered device that operates in radio
frequencies assigned to the Automatic Identification
System;
(3) the term ``Commission'' means the Federal
Communications Commission; and
(4) the term ``covered device'' means a device used
to mark fishing equipment.
(b) Rulemaking Required.--Not later than 180 days after the
date of enactment of this Act, the Commission, in consultation
with the Commandant, the Secretary of State, and the Secretary
of Commerce (acting through the Administrator of National
Telecommunications and Information Administration), shall
initiate a rulemaking proceeding to consider whether to
authorize covered devices to operate in radio frequencies
assigned to the Automatic Identification System.
(c) Considerations.--In conducting the rulemaking under
subsection (b), the Commission shall consider whether imposing
requirements with respect to the manner in which Automatic
Identification System devices are deployed and used would
enable the authorization of covered devices to operate in radio
frequencies assigned to the Automatic Identification System
consistent with the core purpose of the Automatic
Identification System to prevent maritime accidents.
Subtitle C--Arctic
SEC. 4301. COAST GUARD ARCTIC PRIORITIZATION.
(a) Findings.--Congress makes the following findings:
(1) The strategic importance of the Arctic continues
to increase as the United States and other countries
recognize the military significance of the sea lanes
and choke points within the region and understand the
potential for power projection from the Arctic into
multiple regions.
(2) Russia and China have conducted military
exercises together in the Arctic, have agreed to
connect the Northern Sea Route, claimed by Russia, with
China's Maritime Silk Road, and are working together in
developing natural gas resources in the Arctic.
(3) The economic significance of the Arctic continues
to grow as countries around the globe begin to
understand the potential for maritime transportation
through, and economic and trade development in, the
region.
(4) Increases in human, maritime, and resource
development activity in the Arctic region may create
additional mission requirements for the Department of
Defense and the Department of Homeland Security.
(5) The increasing role of the United States in the
Arctic has been highlighted in each of the last four
national defense authorization acts.
(6) The United States Coast Guard Arctic Strategic
Outlook released in April 2019 states, ``Demonstrating
commitment to operational presence, Canada, Denmark,
and Norway have made strategic investments in ice-
capable patrol ships charged with national or homeland
security missions. The United States is the only Arctic
State that has not made similar investments in ice-
capable surface maritime security assets. This limits
the ability of the Coast Guard, and the Nation, to
credibly uphold sovereignty or respond to contingencies
in the Arctic.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Arctic is a region of strategic importance to
the national security interests of the United States,
and the Coast Guard must better align its mission
prioritization and development of capabilities to meet
the growing array of challenges in the region;
(2) the increasing freedom of navigation and
expansion of activity in the Arctic must be met with an
increasing show of Coast Guard forces capable of
exerting influence through persistent presence;
(3) Congress fully supports the needed and important
re-capitalization of the fleet of cutters and aircraft
of the Coast Guard, but, the Coast Guard must avoid
overextending operational assets for remote
international missions at the cost of dedicated focus
on this domestic area of responsibility with
significant international interest and activity; and
(4) although some progress has been made to increase
awareness of Arctic issues and to promote increased
presence in the region, additional measures are needed
to protect vital economic, environmental, and national
security interests of the United States, and to show
the commitment of the United States to this emerging
strategic choke point of increasing great power
competition.
(c) Arctic Defined.--In this section, the term ``Arctic'' has
the meaning given that term in section 112 of the Arctic
Research and Policy Act of 1984 (15 U.S.C. 4111).
SEC. 4302. ARCTIC PARS NATIVE ENGAGEMENT.
The Commandant shall--
(1) engage directly with local coastal whaling and
fishing communities in the Arctic region when
conducting the Alaskan Arctic Coast Port Access Route
Study, in accordance with chapter 700 of title 46,
United States Code, and as described in the notice of
study published in the Federal Register on December 21,
2018 (83 Fed. Reg. 65701); and
(2) consider the concerns of the Arctic coastal
community regarding any Alaskan Arctic Coast Port
Access Route, including safety needs and concerns.
SEC. 4303. VOTING REQUIREMENT.
Section 305(i)(1)(G)(iv) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1855(i)(1)(G)(iv))
is amended to read as follows:
``(iv) Voting requirement.--The panel
may act only by the affirmative vote of
at least 5 of its members, except that
any decision made pursuant to the last
sentence of subparagraph (C) shall
require the unanimous vote of all 6
members of the panel.''.
SEC. 4304. REPORT ON THE ARCTIC CAPABILITIES OF THE ARMED FORCES.
(a) Report Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of the department
in which the Coast Guard is operating shall submit to the
appropriate committees of Congress a report setting forth the
results of a study on the Arctic capabilities of the Armed
Forces. The Secretary shall enter into a contract with an
appropriate federally funded research and development center
for the conduct of the study.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A comparison of the capabilities of the United
States, the Russian Federation, the People's Republic
of China, and other countries operating in the Arctic,
including an assessment of the ability of the navy of
each such country to operate in varying sea-ice
conditions.
(2) A description of commercial and foreign military
surface forces currently operating in the Arctic in
conditions inaccessible to Navy surface forces.
(3) An assessment of the potential security risk
posed to Coast Guard forces by military forces of other
countries operating in the Arctic in conditions
inaccessible to Navy surface or aviation forces in the
manner such forces currently operate.
(4) A comparison of the domain awareness capabilities
of--
(A) Coast Guard forces operating alone; and
(B) Coast Guard forces operating in tandem
with Navy surface and aviation forces and the
surface and aviation forces of other allies.
(5) A comparison of the defensive capabilities of--
(A) Coast Guard forces operating alone; and
(B) Coast Guard forces operating in mutual
defense with Navy forces, other Armed Forces,
and the military forces of allies.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Transportation and Infrastructure, and the Committee on
Appropriations of the House of Representatives.
SEC. 4305. REPORT ON ARCTIC SEARCH AND RESCUE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the search and
rescue capabilities of the Coast Guard in Arctic coastal
communities.
(b) Contents.--The report under subsection (a) shall include
the following:
(1) An identification of ways in which the Coast
Guard can more effectively partner with Arctic coastal
communities to respond to search and rescue incidents
through training, funding, and deployment of assets.
(2) An analysis of the costs of forward deploying on
a seasonal basis Coast Guard assets in support of such
communities for responses to such incidents.
SEC. 4306. ARCTIC SHIPPING FEDERAL ADVISORY COMMITTEE.
(a) Purpose.--The purpose of this section is to establish a
Federal advisory committee to provide policy recommendations to
the Secretary of Transportation on positioning the United
States to take advantage of emerging opportunities for Arctic
maritime transportation.
(b) Definitions.--In this section:
(1) Advisory committee.--The term ``Advisory
Committee'' means the Arctic Shipping Federal Advisory
Committee established under subsection (c)(1).
(2) Arctic.--The term ``Arctic'' has the meaning
given the term in section 112 of the Arctic Research
and Policy Act of 1984 (15 U.S.C. 4111).
(3) Arctic sea routes.--The term ``Arctic Sea
Routes'' means the international Northern Sea Route,
the Transpolar Sea Route, and the Northwest Passage.
(c) Establishment of the Arctic Shipping Federal Advisory
Committee.--
(1) Establishment of advisory committee.--
(A) In general.--The Secretary of
Transportation, in coordination with the
Secretary of State, the Secretary of Defense
acting through the Secretary of the Army and
the Secretary of the Navy, the Secretary of
Commerce, and the Secretary of the Department
in which the Coast Guard is operating, shall
establish an Arctic Shipping Federal Advisory
Committee in the Department of Transportation
to advise the Secretary of Transportation and
the Secretary of the Department in which the
Coast Guard is operating on matters related to
Arctic maritime transportation, including
Arctic seaway development.
(B) Meetings.--The Advisory Committee shall
meet at the call of the Chairperson, and at
least once annually in Alaska.
(2) Membership.--
(A) In general.--The Advisory Committee shall
be composed of 17 members as described in
subparagraph (B).
(B) Composition.--The members of the Advisory
Committee shall be--
(i) 1 individual appointed and
designated by the Secretary of
Transportation to serve as the
Chairperson of the Advisory Committee;
(ii) 1 individual appointed and
designated by the Secretary of the
Department in which the Coast Guard is
operating to serve as the Vice
Chairperson of the Advisory Committee;
(iii) 1 designee of the Secretary of
Commerce;
(iv) 1 designee of the Secretary of
State;
(v) 1 designee of the Secretary of
Transportation;
(vi) 1 designee of the Secretary of
Defense;
(vii) 1 designee from the State of
Alaska, nominated by the Governor of
Alaska and designated by the Secretary
of Transportation;
(viii) 1 designee from the State of
Washington, nominated by the Governor
of Washington and designated by the
Secretary of Transportation;
(ix) 3 Alaska Native Tribal members;
(x) 1 individual representing Alaska
Native subsistence co-management groups
affected by Arctic maritime
transportation;
(xi) 1 individual representing
coastal communities affected by Arctic
maritime transportation;
(xii) 1 individual representing
vessels of the United States (as
defined in section 116 of title 46,
United States Code) participating in
the shipping industry;
(xiii) 1 individual representing the
marine safety community;
(xiv) 1 individual representing the
Arctic business community; and
(xv) 1 individual representing
maritime labor organizations.
(C) Terms.--
(i) Limitations.--Each member of the
Advisory Committee described in clauses
(vii) through (xv) of subparagraph (B)
shall serve for a 2-year term and shall
not be eligible for more than 2
consecutive term reappointments.
(ii) Vacancies.--Any vacancy in the
membership of the Advisory Committee
shall not affect its responsibilities,
but shall be filled in the same manner
as the original appointment and in
accordance with the Federal Advisory
Committee Act (5 U.S.C. App.).
(3) Functions.--The Advisory Committee shall carry
out all of the following functions:
(A) Develop a set of policy recommendations
that would enhance the leadership role played
by the United States in improving the safety
and reliability of Arctic maritime
transportation in accordance with customary
international maritime law and existing Federal
authority. Such policy recommendations shall
consider options to establish a United States
entity that could perform the following
functions in accordance with United States law
and customary international maritime law:
(i) Construction, operation, and
maintenance of current and future
maritime infrastructure necessary for
vessels transiting the Arctic Sea
Routes, including potential new deep
draft and deepwater ports.
(ii) Provision of services that are
not widely commercially available in
the United States Arctic that would--
(I) improve Arctic maritime
safety and environmental
protection;
(II) enhance Arctic maritime
domain awareness; and
(III) support navigation and
incident response for vessels
transiting the Arctic Sea
Routes.
(iii) Establishment of rules of
measurement for vessels and cargo for
the purposes of levying voluntary rates
of charges or fees for services.
(B) As an option under subparagraph (A),
consider establishing a congressionally
chartered seaway development corporation
modeled on the Saint Lawrence Seaway
Development Corporation, and--
(i) develop recommendations for
establishing such a corporation and a
detailed implementation plan for
establishing such an entity; or
(ii) if the Advisory Committee
decides against recommending the
establishment of such a corporation,
provide a written explanation as to the
rationale for the decision and develop
an alternative, as practicable.
(C) Provide advice and recommendations, as
requested, to the Secretary of Transportation
and the Secretary of the Department in which
the Coast Guard is operating on Arctic marine
transportation, including seaway development,
and consider national security interests, where
applicable, in such recommendations.
(D) In developing the advice and
recommendations under subparagraph (C), engage
with and solicit feedback from coastal
communities, Alaska Native subsistence co-
management groups, and Alaska Native tribes.
(d) Report to Congress.--Not later than 2 years after the
date of enactment of this Act, the Advisory Committee shall
submit a report with its recommendations under subparagraphs
(A) and (B) of subsection (c)(3) to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(e) Termination of the Advisory Committee.--Not later than 8
years after the submission of the report described in
subsection (d), the Secretary of Transportation shall dissolve
the Advisory Committee.
(f) International Engagement.--If a Special Representative
for the Arctic Region is appointed by the Secretary of State,
the duties of that Representative shall include--
(1) coordination of any activities recommended by the
implementation plan submitted by the Advisory Committee
and approved by the Secretary of Transportation; and
(2) facilitation of multilateral dialogues with
member and observer nations of the Arctic Council to
encourage cooperation on Arctic maritime
transportation.
(g) Tribal Consultation.--In implementing any of the
recommendations provided under subsection (c)(3)(C), the
Secretary of Transportation shall consult with Alaska Native
tribes.
Subtitle D--Other Matters
SEC. 4401. PLAN FOR WING-IN-GROUND DEMONSTRATION PLAN.
(a) In General.--(1) The Commandant, in coordination with the
Administrator of the Federal Aviation Administration with
regard to any regulatory or safety matter regarding airspace,
air space authorization, or aviation, shall develop plans for a
demonstration program that will determine whether wing-in-
ground craft, as such term is defined in section 2101 of title
46, United States Code, that is capable of carrying at least
one individual, can--
(A) provide transportation in areas in which energy
exploration, development or production activity takes
place on the Outer Continental Shelf; and
(B) under the craft's own power, safely reach
helidecks or platforms located on offshore energy
facilities.
(2) Requirements.--The plans required under paragraph (1)
shall--
(A) examine and explain any safety issues with regard
to the operation of the such craft as a vessel, or as
an aircraft, or both;
(B) include a timeline and technical milestones for
the implementation of such a demonstration program;
(C) outline resource requirements needed to undertake
such a demonstration program;
(D) describe specific operational circumstances under
which the craft may be used, including distance from
United States land, altitude, number of individuals,
amount of cargo, and speed and weight of vessel;
(E) describe the operations under which Federal
Aviation Administration statutes, regulations,
circulars, or orders apply; and
(F) describe the certifications, permits, or
authorizations required to perform any operations.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commandant, along with the
Administrator of the Federal Aviation Administration with
regard to any regulatory or safety matter regarding airspace,
air space authorization, or aviation, shall brief the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science and
Transportation of the Senate on the plan developed under
subsection (a), including--
(1) any regulatory changes needed regarding
inspections and manning, to allow such craft to operate
between onshore facilities and offshore energy
facilities when such craft is operating as a vessel;
(2) any regulatory changes that would be necessary to
address potential impacts to air traffic control, the
National Airspace System, and other aircraft
operations, and to ensure safe operations on or near
helidecks and platforms located on offshore energy
facilities when such craft are operating as aircraft;
and
(3) any other statutory or regulatory changes related
to authority of the Federal Aviation Administration
over operations of the craft.
SEC. 4402. NORTHERN MICHIGAN OIL SPILL RESPONSE PLANNING.
Notwithstanding any other provision of law, not later than
180 days after the date of the enactment of this Act, the
Secretary of the department in which the Coast Guard is
operating, in consultation with the Administrator of the
Environmental Protection Agency and the Administrator of the
Pipeline and Hazardous Materials Safety Administration, shall
update the Northern Michigan Area Contingency Plan to include a
worst-case discharge from a pipeline in adverse weather
conditions.
SEC. 4403. DOCUMENTATION OF LNG TANKERS.
Section 7(b) of the America's Cup Act of 2011 (Public Law
112-61) is amended--
(1) in paragraph (3)--
(A) by striking ``of the vessel on the date
of enactment of this Act''; and
(B) by inserting before the period the
following: ``, unless prior to any such sale
the vessel has been operated in a coastwise
trade for not less than 1 year after the date
of enactment of the Elijah E. Cummings Coast
Guard Authorization Act of 2020 and prior to
sale of vessel'';
(2) by redesignating paragraphs (2) and (3) as
paragraphs (4) and (5), respectively; and
(3) by inserting after paragraph (1) the following:
``(2) Limitation on ownership.--The Secretary of the
department in which the Coast Guard is operating may
only issue a certificate of documentation with a
coastwise endorsement to a vessel designated in
paragraph (1) if the owner of the vessel is an
individual or individuals who are citizens of the
United States, or is deemed to be such a citizen under
section 50501 of title 46, United States Code.
``(3) Limitation on repair and modification.--
``(A) Requirement.--Any qualified work shall
be performed at a shipyard facility located in
the United States.
``(B) Exceptions.--The requirement in
subparagraph (A) does not apply to any
qualified work--
``(i) for which the owner or operator
enters into a binding agreement no
later than 1 year after the date of
enactment of the Elijah E. Cummings
Coast Guard Authorization Act of 2020;
or
``(ii) necessary for the safe towage
of the vessel from outside the United
States to a shipyard facility in the
United States for completion of the
qualified work.
``(C) Definition.--In this paragraph,
qualified work means repair and modification
necessary for the issuance of a certificate of
inspection issued as a result of the waiver for
which a coastwise endorsement is issued under
paragraph (1).''.
SEC. 4404. REPLACEMENT VESSEL.
Notwithstanding section 208(g)(5) of the American Fisheries
Act (Public Law 105-277; 16 U.S.C. 1851 note), a vessel
eligible under section 208(e)(21) of such Act that is replaced
under section 208(g) of such Act shall be subject to a
sideboard restriction catch limit of zero metric tons in the
Bering Sea and Aleutian Islands and in the Gulf of Alaska
unless that vessel is also a replacement vessel under section
679.4(o)(4) of title 50, Code of Federal Regulations, in which
case such vessel shall not be eligible to be a catcher/
processor under section 206(b)(2) of such Act.
SEC. 4405. EDUCATIONAL VESSEL.
(a) In General.--Notwithstanding section 12112(a)(2) of title
46, United States Code, the Secretary of the department in
which the Coast Guard is operating may issue a certificate of
documentation with a coastwise endorsement for the vessel
Oliver Hazard Perry (IMO number 8775560; United States official
number 1257224).
(b) Termination of Effectiveness of Endorsement.--The
coastwise endorsement authorized under subsection (a) for the
vessel Oliver Hazard Perry (IMO number 8775560; United States
official number 1257224) shall expire on the first date on
which any of the following occurs:
(1) The vessel is sold to a person, including an
entity, that is not related by ownership or control to
the person, including an entity, that owned the vessel
on the date of the enactment of this Act.
(2) The vessel is rebuilt and not rebuilt in the
United States (as defined in section 12101(a) of title
46, United States Code).
(3) The vessel is no longer operating in primary
service as a sailing school vessel.
SEC. 4406. WATERS DEEMED NOT NAVIGABLE WATERS OF THE UNITED STATES FOR
CERTAIN PURPOSES.
The Coalbank Slough in Coos Bay, Oregon, is deemed to not be
navigable waters of the United States for all purposes of
subchapter J of Chapter I of title 33, Code of Federal
Regulations.
SEC. 4407. ANCHORAGES.
(a) In General.--The Secretary of the department in which the
Coast Guard is operating shall suspend the establishment of new
anchorage grounds on the Hudson River between Yonkers, New
York, and Kingston, New York, under section 7 of the Rivers and
Harbors Appropriations Act of 1915 (33 U.S.C. 471) or chapter
700 of title 46, United States Code.
(b) Restriction.--The Commandant may not establish or expand
any anchorage grounds outside of the reach on the Hudson River
described in subsection (a) without first providing notice to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate not later than 180 days prior to
the establishment or expansion of any such anchorage grounds.
(c) Savings Clause.--Nothing in this section--
(1) prevents the master or pilot of a vessel
operating on the reach of the Hudson River described in
subsection (a) from taking emergency actions necessary
to maintain the safety of the vessel or to prevent the
loss of life or property; or
(2) shall be construed as limiting the authority of
the Secretary of the department in which the Coast
Guard is operating to exercise authority over the
movement of a vessel under section 70002 of title 46,
United States Code, or any other applicable laws or
regulations governing the safe navigation of a vessel.
(d) Study.--The Commandant of the Coast Guard, in
consultation with the Hudson River Safety, Navigation, and
Operations Committee, shall conduct a study of the Hudson River
north of Tarrytown, New York to examine--
(1) the nature of vessel traffic including vessel
types, sizes, cargoes, and frequency of transits;
(2) the risks and benefits of historic practices for
commercial vessels anchoring; and
(3) the risks and benefits of establishing anchorage
grounds on the Hudson River.
(e) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commandant of the Coast Guard shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report containing
the findings, conclusions, and recommendations from the study
required under subsection (d).
SEC. 4408. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON
VERTICAL EVACUATION FOR TSUNAMIS AT COAST GUARD
STATIONS IN WASHINGTON AND OREGON.
(a) Study.--
(1) In general.--The Comptroller General of the
United States shall conduct a study that examines the
potential use, in the event of a Cascadia subduction
zone event, of a vertical evacuation of Coast Guard
personnel stationed at United States Coast Guard
Station Grays Harbor and Sector Field Office Port
Angeles, Washington, and at United States Coast Guard
Station Yaquina Bay and United States Coast Guard Motor
Lifeboat Station Coos Bay, Oregon, and the dependents
of such Coast Guard personnel housed in Coast Guard
housing.
(2) Elements.--The study required under paragraph (1)
shall analyze the following:
(A) The number of such personnel and
dependents to be evacuated.
(B) The resources available to conduct an
evacuation, and the feasibility of a successful
evacuation in a case in which inundation maps
and timelines are available.
(C) With the resources available, the amount
of time needed to evacuate such personnel and
dependents.
(D) Any resource that is otherwise available
within a reasonable walking distance to the
Coast Guard facilities listed in paragraph (1).
(E) The benefit to the surrounding community
of such a vertical evacuation.
(F) The interoperability of the tsunami
warning system with the Coast Guard
communication systems at the Coast Guard
facilities listed in paragraph (1).
(G) Current interagency coordination and
communication policies in place for emergency
responders to address a Cascadia subduction
zone event.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report containing the
findings, conclusions, and recommendations, if any, from the
study required under subsection (a).
SEC. 4409. AUTHORITY TO ENTER INTO AGREEMENTS WITH NATIONAL COAST GUARD
MUSEUM ASSOCIATION.
(a) In General.--Section 316 of title 14, United States Code,
is amended to read as follows:
``Sec. 316. National Coast Guard Museum
``(a) Establishment.--The Commandant may establish, accept,
operate, maintain and support the Museum, on lands which will
be federally owned and administered by the Coast Guard, and are
located in New London, Connecticut.
``(b) Use of Funds.--
``(1) The Secretary shall not expend any funds
appropriated to the Coast Guard on the construction of
any museum established under this section.
``(2) Subject to the availability of appropriations,
the Secretary may expend funds appropriated to the
Coast Guard on the engineering and design of a Museum.
``(3) The priority for the use of funds appropriated
to the Coast Guard shall be to preserve, protect, and
display historic Coast Guard artifacts, including the
design, fabrication, and installation of exhibits or
displays in which such artifacts are included.
``(4) To the maximum extent practicable, the
Secretary shall minimize the use of Federal funds for
the construction of the Museum.
``(c) Funding Plan.--Not later than 2 years after the date of
the enactment of the Elijah E. Cummings Coast Guard
Authorization Act of 2020 and at least 90 days before the date
on which the Commandant accepts the Museum under subsection
(f), the Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a plan for constructing, operating, and
maintaining such Museum, including--
``(1) estimated planning, engineering, design,
construction, operation, and maintenance costs;
``(2) the extent to which appropriated,
nonappropriated, and non-Federal funds will be used for
such purposes, including the extent to which there is
any shortfall in funding for engineering, design, or
construction;
``(3) an explanation of any environmental remediation
issues related to the land associated with the Museum;
and
``(4) a certification by the Inspector General of the
department in which the Coast Guard is operating that
the estimates provided pursuant to paragraphs (1) and
(2) are reasonable and realistic.
``(d) Construction.--
``(1) The Association may construct the Museum
described in subsection (a).
``(2) The Museum shall be designed and constructed in
compliance with the International Building Code 2018,
and construction performed on Federal land under this
section shall be exempt from State and local
requirements for building or demolition permits.
``(e) Agreements.--Under such terms and conditions as the
Commandant considers appropriate, notwithstanding section 504,
and until the Commandant accepts the Museum under subsection
(f), the Commandant may--
``(1) license Federal land to the Association for the
purpose of constructing the Museum described in
subsection (a); and
``(2)(A) at a nominal charge, lease the Museum from
the Association for activities and operations related
to the Museum; and
``(B) authorize the Association to generate
revenue from the use of the Museum.
``(f) Acceptance.--Not earlier than 90 days after the
Commandant submits the plan under subsection (c), the
Commandant shall accept the Museum from the Association and all
right, title, and interest in and to the Museum shall vest in
the United States when--
``(1) the Association demonstrates, in a manner
acceptable to the Commandant, that the Museum meets the
design and construction requirements of subsection (d);
and
``(2) all financial obligations of the Association
incident to the National Coast Guard Museum have been
satisfied.
``(g) Gifts.--
``(1) The Commandant may solicit from the Association
and accept funds and in-kind gifts from nonprofit
entities, including services related to activities for
the construction of the Museum.
``(2) Funds and in-kind gifts described in paragraph
(1) shall be--
``(A) accepted and administered consistent
with section 2601 of title 10; and
``(B) deposited in the Coast Guard General
Gift Fund.
``(3) The use of any funds and in-kind gifts
described in paragraph (1) shall be subject to the
availability of appropriations.
``(h) Authority.--The Commandant may not establish a Museum
except as set forth in this section.
``(i) Definitions.--In this section:
``(1) Museum.--The term `Museum' means the National
Coast Guard Museum.
``(2) Association.--The term `Association' means the
National Coast Guard Museum Association.''.
(b) Briefings.--Not later than March 1 of the fiscal year
after the fiscal year in which the report required under
subsection (d) of section 316 of title 14, United States Code,
is provided, and not later than March 1 of each year thereafter
until 1 year after the year in which the National Coast Guard
Museum is accepted pursuant to subsection (f) of such section,
the Commandant shall brief the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on the following issues with respect to the
Museum:
(1) The acceptance of gifts.
(2) Engineering.
(3) Design and project status.
(4) Land ownership.
(5) Environmental remediation.
(6) Operation and support issues.
(7) Plans.
SEC. 4410. FORMAL SEXUAL ASSAULT POLICIES FOR PASSENGER VESSELS.
(d) Maintenance and Placement of Video Surveillance
Equipment.--Section 3507(b)(1) of title 46, United States Code,
is amended--
(1) by striking ``The owner'' and inserting the
following:
``(A) In general.--The owner'';
(2) by striking ``, as determined by the Secretary'';
and
(3) by adding at the end, the following:
``(B) Placement of video surveillance
equipment.--
``(i) In general.--Not later than 18
months after the date of the enactment
of the Elijah E. Cummings Coast Guard
Authorization Act of 2020, the
Commandant in consultation with other
relevant Federal agencies or entities
as determined by the Commandant, shall
establish guidance for performance of
the risk assessment described in
paragraph (2) regarding the appropriate
placement of video surveillance
equipment in passenger and crew common
areas where there is no reasonable
expectation of privacy.
``(ii) Risk assessment.--Not later
than 1 year after the Commandant
establishes the guidance described in
paragraph (1), the owner shall conduct
the risk assessment required under
paragraph (1) and shall--
``(I) evaluate the placement
of video surveillance equipment
to deter, prevent, and record a
sexual assault aboard the
vessel considering factors such
as: ship layout and design,
itinerary, crew complement,
number of passengers, passenger
demographics, and historical
data on the type and location
of prior sexual assault
incident allegations;
``(II) incorporate to the
maximum extent practicable the
video surveillance guidance
established by the Commandant
regarding the appropriate
placement of video surveillance
equipment;
``(III) arrange for the risk
assessment to be conducted by
an independent third party with
expertise in the use and
placement of camera
surveillance to deter, prevent
and record criminal behavior;
and
``(IV) the independent third
party referred to in paragraph
(C) shall be a company that has
been accepted by a
classification society that is
a member of the International
Association of Classification
Societies (hereinafter referred
to as `IACS') or another
classification society
recognized by the Secretary as
meeting acceptable standards
for such a society pursuant to
section 3316(b).
``(C) Surveillance plan.--Not later than 180
days after completion of the risk assessment
conducted under subparagraph (B)(ii), the owner
of a vessel shall develop a plan to install
video surveillance equipment in places
determined to be appropriate in accordance with
the results of the risk assessment conducted
under subparagraph (B)(ii), except in areas
where a person has a reasonable expectation of
privacy. Such plan shall be evaluated and
approved by an independent third party with
expertise in the use and placement of camera
surveillance to deter, prevent and record
criminal behavior that has been accepted as set
forth in paragraph (2)(D).
``(D) Installation.--The owner of a vessel to
which this section applies shall, consistent
with the surveillance plan approved under
subparagraph (C), install appropriate video
surveillance equipment aboard the vessel not
later than 2 years after approval of the plan,
or during the next scheduled drydock, whichever
is later.
``(E) Attestation.--At the time of initial
installation under subparagraph (D), the vessel
owner shall obtain written attestations from--
``(i) an IACS classification society
that the video surveillance equipment
is installed in accordance with the
surveillance plan required under
subparagraph (C); and
``(ii) the company security officer
that the surveillance equipment and
associated systems are operational,
which attestation shall be obtained
each year thereafter.
``(F) Updates.--The vessel owner shall ensure
the risk assessment described in subparagraph
(B)(ii) and installation plan in subparagraph
(C) are updated not later than 5 years after
the initial installation conducted under
subparagraph (D), and every 5 years thereafter.
The updated assessment and plan shall be
approved by an independent third party with
expertise in the use and placement of camera
surveillance to deter, prevent, and record
criminal behavior that has been accepted by an
IACS classification society. The vessel owner
shall implement the updated installation plan
not later than 180 days after approval.
``(G) Availability.--Each risk assessment,
installation plan and attestation shall be
protected from disclosure under the Freedom of
Information Act, section 552 of title 5 but
shall be available to the Coast Guard--
``(i) upon request, and
``(ii) at the time of the certificate
of compliance or certificate of
inspection examination.
``(H) Definitions.--For purposes of this
section a `ship security officer' is an
individual that, with the master's approval,
has full responsibility for vessel security
consistent with the International Ship and Port
Facility Security Code.''.
(e) Access to Video Records; Notice of Video Surveillance.--
Section 3507(b), of title 46, United States Code, is further
amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
``(2) Notice of video surveillance.--The owner of a
vessel to which this section applies shall provide
clear and conspicuous signs on board the vessel
notifying the public of the presence of video
surveillance equipment.'';
(3) in paragraph (3), as so redesignated--
(A) by striking ``The owner'' and inserting
the following:
``(A) Law enforcement.--The owner''; and
(B) by adding at the end the following:
``(B) Civil actions.--Except as proscribed by
law enforcement authorities or court order, the
owner of a vessel to which this section applies
shall, upon written request, provide to any
individual or the individual's legal
representative a copy of all records of video
surveillance--
``(i) in which the individual is a
subject of the video surveillance; and
``(ii) that may provide evidence of
any sexual assault incident in a civil
action.
``(C) Limited access.--The owner of a vessel
to which this section applies shall ensure that
access to records of video surveillance is
limited to the purposes described in this
paragraph.''.
(f) Retention Requirements.--
(1) In general.--Section 3507(b), of title 46, United
States Code, is further amended by adding at the end
the following:
``(4) Retention requirements.--The owner of a vessel
to which this section applies shall retain all records
of video surveillance for not less than 20 days after
the footage is obtained. The vessel owner shall include
a statement in the security guide required by
subsection (c)(1)(A) that the vessel owner is required
by law to retain video surveillance footage for the
period specified in this paragraph. If an incident
described in subsection (g)(3)(A)(i) is alleged and
reported to law enforcement, all records of video
surveillance from the voyage that the Federal Bureau of
Investigation determines are relevant shall--
``(A) be provided to the Federal Bureau of
Investigation; and
``(B) be preserved by the vessel owner for
not less than 4 years from the date of the
alleged incident.''.
(2) Administrative provisions.--
(A) Study and report.--Each owner of a vessel
to which section 3507, of title 46, United
States Code, applies shall, not later than
March 1, 2023, submit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Commerce, Science, and Transportation of the
Senate a report detailing the total number of
voyages for the preceding year and the
percentage of those voyages that were 30 days
or longer.
(B) Interim standards.--Not later than 180
days after the date of enactment of this Act,
the Commandant, in consultation with the
Federal Bureau of Investigation, shall
promulgate interim standards for the retention
of records of video surveillance.
(C) Final standards.--Not later than 1 year
after the date of enactment of this Act, the
Commandant, in consultation with the Federal
Bureau of Investigation, shall promulgate final
standards for the retention of records of video
surveillance.
(D) Considerations.--In promulgating
standards under subparagraphs (B) and (B), the
Commandant shall--
(i) consider factors that would aid
in the investigation of serious crimes,
including the results of the report by
the Commandant provided under
subparagraph (A), as well as crimes
that go unreported until after the
completion of a voyage;
(ii) consider the different types of
video surveillance systems and storage
requirements in creating standards both
for vessels currently in operation and
for vessels newly built;
(iii) consider privacy, including
standards for permissible access to and
monitoring and use of the records of
video surveillance; and
(iv) consider technological
advancements, including requirements to
update technology.
SEC. 4411. REGULATIONS FOR COVERED SMALL PASSENGER VESSELS.
Section 3306 of title 46, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``, including covered small passenger
vessels (as defined in subsection (n)(5))''
after ``vessels subject to inspection''; and
(B) in paragraph (5), by inserting before the
period at the end ``, including rechargeable
devices utilized for personal or commercial
electronic equipment''; and
(2) by adding at the end the following:
``(n) Covered Small Passenger Vessels.--
``(1) Regulations.--The Secretary shall prescribe
additional regulations to secure the safety of
individuals and property on board covered small
passenger vessels.
``(2) Comprehensive review.--In order to prescribe
the regulations under paragraph (1), the Secretary
shall conduct a comprehensive review of all
requirements (including calculations), in existence on
the date of enactment of the Elijah E. Cummings Coast
Guard Authorization Act of 2020, that apply to covered
small passenger vessels, with respect to fire
detection, protection, and suppression systems, and
avenues of egress, on board such vessels.
``(3) Requirements.--
``(A) In general.--Subject to subparagraph
(B), the regulations prescribed under paragraph
(1) shall include, with respect to covered
small passenger vessels, regulations for--
``(i) marine firefighting training
programs to improve crewmember training
and proficiency, including emergency
egress training for each member of the
crew, to occur for all members on the
crew--
``(I) at least monthly while
such members are employed on
board the vessel; and
``(II) each time a new
crewmember joins the crew of
such vessel;
``(ii) in all areas on board the
vessel where passengers and crew have
access, including dining areas,
sleeping quarters, and lounges--
``(I) interconnected fire
detection equipment, including
audible and visual alarms; and
``(II) additional fire
extinguishers and other
firefighting equipment;
``(iii) the installation and use of
monitoring devices to ensure the
wakefulness of the required night
watch;
``(iv) increased fire detection and
suppression systems (including
additional fire extinguishers) on board
such vessels in unmanned areas with
machinery or areas with other potential
heat sources;
``(v) all general areas accessible to
passengers to have no less than 2
independent avenues of escape that
are--
``(I) constructed and
arranged to allow for free and
unobstructed egress from such
areas;
``(II) located so that if one
avenue of escape is not
available, another avenue of
escape is available; and
``(III) not located directly
above, or dependent on, a
berth;
``(vi) the handling, storage, and
operation of flammable items, such as
rechargeable batteries, including
lithium ion batteries utilized for
commercial purposes on board such
vessels;
``(vii) passenger emergency egress
drills for all areas on the vessel to
which passengers have access, which
shall occur prior to the vessel
beginning each excursion; and
``(viii) all passengers to be
provided a copy of the emergency egress
plan for the vessel.
``(B) Applicability to certain covered small
passenger vessels.--The requirements described
in clauses (iii), (v), (vii), and (viii) of
subparagraph (A) shall only apply to a covered
small passenger vessel that has overnight
passenger accommodations.
``(4) Interim requirements.--
``(A) Interim requirements.--The Secretary
shall, prior to issuing final regulations under
paragraph (1), implement interim requirements
to enforce the requirements under paragraph
(3).
``(B) Implementation.--The Secretary shall
implement the interim requirements under
subparagraph (A) without regard to chapters 5
and 6 of title 5 and Executive Orders 12866 and
13563 (5 U.S.C. 601 note; relating to
regulatory planning and review and relating to
improving regulation and regulatory review).
``(5) Definition of covered small passenger vessel.--
In this subsection, the term `covered small passenger
vessel'--
``(A) except as provided in subparagraph (B),
means a small passenger vessel (as defined in
section 2101) that--
``(i) has overnight passenger
accommodations; or
``(ii) is operating on a coastwise or
oceans route; and
``(B) does not include a ferry (as defined in
section 2101) or fishing vessel (as defined in
section 2101).''.
TITLE V--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
SEC. 5001. TRANSFERS.
(a) In General.--
(1) Section 215 of the Coast Guard and Maritime
Transportation Act of 2004 (Public Law 108-293; 14
U.S.C. 504 note) is redesignated as section 322 of
title 14, United States Code, transferred to appear
after section 321 of such title (as added by this
division), and amended so that the enumerator, section
heading, typeface, and typestyle conform to those
appearing in other sections in title 14, United States
Code.
(2) Section 406 of the Maritime Transportation
Security Act of 2002 (Public Law 107-295; 14 U.S.C. 501
note) is redesignated as section 720 of title 14,
United States Code, transferred to appear after section
719 of such title (as added by this division), and
amended so that the enumerator, section heading,
typeface, and typestyle conform to those appearing in
other sections in title 14, United States Code.
(3) Section 1110 of title 14, United States Code, is
redesignated as section 5110 of such title and
transferred to appear after section 5109 of such title
(as added by this division).
(4) Section 401 of the Coast Guard Authorization Act
of 2010 (Public Law 111-281) is amended by striking
subsection (e).
(5) Subchapter I of chapter 11 of title 14, United
States Code, as amended by this division, is amended by
inserting after section 1109 the following:
``Sec. 1110. Elevation of disputes to the Chief Acquisition Officer
``If, after 90 days following the elevation to the Chief
Acquisition Officer of any design or other dispute regarding
level 1 or level 2 acquisition, the dispute remains unresolved,
the Commandant shall provide to the appropriate congressional
committees a detailed description of the issue and the
rationale underlying the decision taken by the Chief
Acquisition Officer to resolve the issue.''.
(6) Section 7 of the Rivers and Harbors
Appropriations Act of 1915 (33 U.S.C. 471) is amended--
(A) by transferring such section to appear
after section 70005 of title 46, United States
Code;
(B) by striking ``Sec. 7.'' and inserting
``Sec. 70006. Establishment by Secretary of the
department in which the Coast Guard is
operating of anchorage grounds and regulations
generally''; and
(C) by adjusting the margins with respect to
subsections (a) and (b) for the presence of a
section heading accordingly.
(7) Section 217 of the Coast Guard Authorization Act
of 2010 (Public Law 111-281; 14 U.S.C. 504 note)--
(A) is redesignated as section 5112 of title
14, United States Code, transferred to appear
after section 5111 of such title (as added by
this division), and amended so that the
enumerator, section heading, typeface, and
typestyle conform to those appearing in other
sections in title 14, United States Code; and
(B) is amended--
(i) by striking the heading and
inserting the following:
``Sec. 5112. Sexual assault and sexual harassment in the Coast Guard'';
and
(ii) in subsection (b), by adding at
the end the following:
``(5)(A) The number of instances in which a covered
individual was accused of misconduct or crimes
considered collateral to the investigation of a sexual
assault committed against the individual.
``(B) The number of instances in which adverse action
was taken against a covered individual who was accused
of collateral misconduct or crimes as described in
subparagraph (A).
``(C) The percentage of investigations of sexual
assaults that involved an accusation or adverse action
against a covered individual as described in
subparagraphs (A) and (B).
``(D) In this paragraph, the term `covered
individual' means an individual who is identified as a
victim of a sexual assault in the case files of a
military criminal investigative organization.''.
(b) Clerical Amendments.--
(1) The analysis for chapter 3 of title 14, United
States Code, as amended by this division, is further
amended by adding at the end the following:
``322. Redistricting notification requirement.''.
(2) The analysis for chapter 7 of title 14, United
States Code, as amended by this division, is further
amended by adding at the end the following:
``720. VHF communication services.''.
(3) The analysis for chapter 11 of title 14, United
States Code, is amended by striking the item relating
to section 1110 and inserting the following:
``1110. Elevation of disputes to the Chief Acquisition Officer.''.
(4) The analysis for chapter 51 of title 14, United
States Code, as amended by this division, is further
amended by adding at the end the following:
``5110. Mission need statement.
``5111. Report on diversity at Coast Guard Academy.
``5112. Sexual assault and sexual harassment in the Coast Guard.''.
(5) The analysis for chapter 700 of title 46, United
States Code, is further amended by inserting after the
item relating to section 70005 the following:
``70006. Establishment by the Secretary of the department in which the
Coast Guard is operating of anchorage grounds and regulations
generally.''.
SEC. 5002. ADDITIONAL TRANSFERS.
(a) Section 204 of the Marine Transportation Security Act.--
(1) The Maritime Transportation Security Act of 2002
is amended by striking section 204 (33 U.S.C. 1902a).
(2) Section 3 of the Act to Prevent Pollution from
Ships (33 U.S.C. 1902)--
(A) is amended by redesignating subsections
(e) through (i) as subsections (f) through (j)
respectively; and
(B) by inserting after subsection (d) the
following:
``(e) Discharge of Agricultural Cargo Residue.--
Notwithstanding any other provision of law, the discharge from
a vessel of any agricultural cargo residue material in the form
of hold washings shall be governed exclusively by the
provisions of this Act that implement Annex V to the
International Convention for the Prevention of Pollution from
Ships.''.
(b) LNG Tankers.--
(1) The Coast Guard and Maritime Transportation Act
of 2006 is amended by striking section 304 (Public Law
109-241; 120 Stat. 527).
(2) Section 5 of the Deepwater Port Act of 1974 (33
U.S.C. 1504) is amended by adding at the end the
following:
``(j) LNG Tankers.--
``(1) Program.--The Secretary of Transportation shall
develop and implement a program to promote the
transportation of liquefied natural gas to and from the
United States on United States flag vessels.
``(2) Information to be provided.--When the Coast
Guard is operating as a contributing agency in the
Federal Energy Regulatory Commission's shoreside
licensing process for a liquefied natural gas or
liquefied petroleum gas terminal located on shore or
within State seaward boundaries, the Coast Guard shall
provide to the Commission the information described in
section 5(c)(2)(K) of the Deepwater Port Act of 1974
(33 U.S.C. 1504(c)(2)(K)) with respect to vessels
reasonably anticipated to be servicing that port.''.
SEC. 5003. LICENSE EXEMPTIONS; REPEAL OF OBSOLETE PROVISIONS.
(a) Service Under Licenses Issued Without Examination.--
(1) Repeal.--Section 8303 of title 46, United States
Code, and the item relating to that section in the
analysis for chapter 83 of that title, are repealed.
(2) Conforming amendment.--Section 14305(a)(10) of
title 46, United States Code, is amended by striking
``sections 8303 and 8304'' and inserting ``section
8304''.
(b) Standards for Tank Vessels of the United States.--Section
9102 of title 46, United States Code, is amended--
(1) by striking ``(a)'' before the first sentence;
and
(2) by striking subsection (b).
SEC. 5004. MARITIME TRANSPORTATION SYSTEM.
(a) Maritime Transportation System.--Section 312(b)(4) of
title 14, United States Code, is amended by striking ``marine
transportation system'' and inserting ``maritime transportation
system''.
(b) Clarification of Reference to Marine Transportation
System Programs.--Section 50307(a) of title 46, United States
Code, is amended by striking ``marine transportation'' and
inserting ``maritime transportation''.
SEC. 5005. REFERENCES TO ``PERSONS'' AND ``SEAMEN''.
(a) Technical Correction of References to ``Persons''.--Title
14, United States Code, is amended as follows:
(1) In section 312(d), by striking ``persons'' and
inserting ``individuals''.
(2) In section 313(d)(2)(B), by striking ``person''
and inserting ``individual''.
(3) In section 504--
(A) in subsection (a)(19)(B), by striking ``a
person'' and inserting ``an individual''; and
(B) in subsection (c)(4), by striking
``seamen;'' and inserting ``mariners;''.
(4) In section 521, by striking ``persons'' each
place it appears and inserting ``individuals''.
(5) In section 522--
(A) by striking ``a person'' and inserting
``an individual''; and
(B) by striking ``person'' the second and
third place it appears and inserting
``individual''.
(6) In section 525(a)(1)(C)(ii), by striking
``person'' and inserting ``individual''.
(7) In section 526--
(A) by striking ``person'' each place it
appears and inserting ``individual'';
(B) by striking ``persons'' each place it
appears and inserting ``individuals''; and
(C) in subsection (b), by striking
``person's'' and inserting ``individual's''.
(8) In section 709--
(A) by striking ``persons'' and inserting
``individuals''; and
(B) by striking ``person'' and inserting
``individual''.
(9) In section 933(b), by striking ``Every person''
and inserting ``An individual''.
(10) In section 1102(d), by striking ``persons'' and
inserting ``individuals''.
(11) In section 1902(b)(3)--
(A) in subparagraph (A), by striking ``person
or persons'' and inserting ``individual or
individuals''; and
(B) in subparagraph (B), by striking
``person'' and inserting ``individual''.
(12) In section 1941(b), by striking ``persons'' and
inserting ``individuals''.
(13) In section 2101(b), by striking ``person'' and
inserting ``individual''.
(14) In section 2102(c), by striking ``A person'' and
inserting ``An individual''.
(15) In section 2104(b)--
(A) by striking ``persons'' and inserting
``individuals''; and
(B) by striking ``A person'' and inserting
``An individual''.
(16) In section 2118(d), by striking ``person'' and
inserting ``individual who is''.
(17) In section 2147(d), by striking ``a person'' and
inserting ``an individual''.
(18) In section 2150(f), by striking ``person'' and
inserting ``individual who is''.
(19) In section 2161(b), by striking ``person'' and
inserting ``individual''.
(20) In section 2317--
(A) by striking ``persons'' and inserting
``individuals'';
(B) by striking ``person'' each place it
appears and inserting ``individual''; and
(C) in subsection (c)(2), by striking
``person's'' and inserting ``individual's''.
(21) In section 2531--
(A) by striking ``person'' each place it
appears and inserting ``individual''; and
(B) by striking ``persons'' each place it
appears and inserting ``individuals''.
(22) In section 2709, by striking ``persons'' and
inserting ``individuals''.
(23) In section 2710--
(A) by striking ``persons'' and inserting
``individuals''; and
(B) by striking ``person'' each place it
appears and inserting ``individual''.
(24) In section 2711(b), by striking ``person'' and
inserting ``individual''.
(25) In section 2732, by striking ``a person'' and
inserting ``an individual''.
(26) In section 2733--
(A) by striking ``A person'' and inserting
``An individual''; and
(B) by striking ``that person'' and inserting
``that individual''.
(27) In section 2734, by striking ``person'' each
place it appears and inserting ``individual''.
(28) In section 2735, by striking ``a person'' and
inserting ``an individual''.
(29) In section 2736, by striking ``person'' and
inserting ``individual''.
(30) In section 2737, by striking ``a person'' and
inserting ``an individual''.
(31) In section 2738, by striking ``person'' and
inserting ``individual''.
(32) In section 2739, by striking ``person'' and
inserting ``individual''.
(33) In section 2740--
(A) by striking ``person'' and inserting
``individual''; and
(B) by striking ``one'' the second place it
appears.
(34) In section 2741--
(A) in subsection (a), by striking ``a
person'' and inserting ``an individual'';
(B) in subsection (b)(1), by striking
``person's'' and inserting ``individual's'';
and
(C) in subsection (b)(2), by striking
``person'' and inserting ``individual''.
(35) In section 2743, by striking ``person'' each
place it appears and inserting ``individual''.
(36) In section 2744--
(A) in subsection (b), by striking ``a
person'' and inserting ``an individual''; and
(B) in subsections (a) and (c), by striking
``person'' each place it appears and inserting
``individual''.
(37) In section 2745, by striking ``person'' and
inserting ``individual''.
(38)(A) In section 2761--
(i) in the section heading, by striking
``Persons'' and inserting ``Individuals'';
(ii) by striking ``persons'' and inserting
``individuals''; and
(iii) by striking ``person'' and inserting
``individual''.
(B) In the analysis for chapter 27, by striking the
item relating to section 2761 and inserting the
following:
``2761. Individuals discharged as result of court-martial; allowances
to.''.
(39)(A) In the heading for section 2767, by striking
``persons'' and inserting ``individuals''.
(B) In the analysis for chapter 27, by striking the
item relating to section 2767 and inserting the
following:
``2767. Reimbursement for medical-related travel expenses for certain
individuals residing on islands in the continental United
States.''.
(40) In section 2769--
(A) by striking ``a person's'' and inserting
``an individual's''; and
(B) in paragraph (1), by striking ``person''
and inserting ``individual''.
(41) In section 2772(a)(2), by striking ``person''
and inserting ``individual''.
(42) In section 2773--
(A) in subsection (b), by striking
``persons'' each place it appears and inserting
``individuals''; and
(B) in subsection (d), by striking ``a
person'' and inserting ``an individual''.
(43) In section 2775, by striking ``person'' each
place it appears and inserting ``individual''.
(44) In section 2776, by striking ``person'' and
inserting ``individual''.
(45)(A) In section 2777--
(i) in the heading, by striking ``persons''
and inserting ``individuals''; and
(ii) by striking ``persons'' each place it
appears and inserting ``individuals''.
(B) In the analysis for chapter 27, by striking the
item relating to section 2777 and inserting the
following:
``2777. Clothing for destitute shipwrecked individuals.''.
(46) In section 2779, by striking ``persons'' each
place it appears and inserting ``individuals''.
(47) In section 2902(c), by striking ``person'' and
inserting ``individual''.
(48) In section 2903(b), by striking ``person'' and
inserting ``individual''.
(49) In section 2904(b)(1)(B), by striking ``a
person'' and inserting ``an individual''.
(50) In section 3706--
(A) by striking ``a person'' and inserting
``an individual''; and
(B) by striking ``person's'' and inserting
``individual's''.
(51) In section 3707--
(A) in subsection (c)--
(i) by striking ``person'' and
inserting ``individual''; and
(ii) by striking ``person's'' and
inserting ``individual's''; and
(B) in subsection (e), by striking ``a
person'' and inserting ``an individual''.
(52) In section 3708, by striking ``person'' each
place it appears and inserting ``individual''.
(53) In section 3738--
(A) by striking ``a person'' each place it
appears and inserting ``an individual'';
(B) by striking ``person's'' and inserting
``individual's''; and
(C) by striking ``A person'' and inserting
``An individual''.
(b) Correction of References to Persons and Seamen.--
(1) Section 2303a(a) of title 46, United States Code,
is amended by striking ``persons'' and inserting
``individuals''.
(2) Section 2306(a)(3) of title 46, United States
Code, is amended to read as follows:
``(3) An owner, charterer, managing operator, or agent of a
vessel of the United States notifying the Coast Guard under
paragraph (1) or (2) shall--
``(A) provide the name and identification number of
the vessel, the names of individuals on board, and
other information that may be requested by the Coast
Guard; and
``(B) submit written confirmation to the Coast Guard
within 24 hours after nonwritten notification to the
Coast Guard under such paragraphs.''.
(3) Section 7303 of title 46, United States Code, is
amended by striking ``seaman'' each place it appears
and inserting ``individual''.
(4) Section 7319 of title 46, United States Code, is
amended by striking ``seaman'' each place it appears
and inserting ``individual''.
(5) Section 7501(b) of title 46, United States Code,
is amended by striking ``seaman'' and inserting
``holder''.
(6) Section 7508(b) of title 46, United States Code,
is amended by striking ``individual seamen or a
specifically identified group of seamen'' and inserting
``an individual or a specifically identified group of
individuals''.
(7) Section 7510 of title 46, United States Code, is
amended--
(A) in subsection (c)(8)(B), by striking
``merchant seamen'' and inserting ``merchant
mariner''; and
(B) in subsection (d), by striking ``merchant
seaman'' and inserting ``merchant mariner''.
(8) Section 8103(k)(3)(C) of title 46, United States
Code, is amended by striking ``merchant mariners'' each
place it appears and inserting ``merchant mariner's''.
(9) Section 8104 of title 46, United States Code, is
amended--
(A) in subsection (c), by striking ``a
licensed individual or seaman'' and inserting
``an individual'';
(B) in subsection (d), by striking ``A
licensed individual or seaman'' and inserting
``An individual'';
(C) in subsection (e), by striking ``a
seaman'' each place it appears and inserting
``an individual''; and
(D) in subsection (j), by striking ``seaman''
and inserting ``individual''.
(10) Section 8302(d) of title 46, United States Code,
is amended by striking ``3 persons'' and inserting ``3
individuals''.
(11) Section 11201 of title 46, United States Code,
is amended by striking ``a person'' each place it
appears and inserting ``an individual''.
(12) Section 11202 of title 46, United States Code,
is amended--
(A) by striking ``a person'' and inserting
``an individual''; and
(B) by striking ``the person'' each place it
appears and inserting ``the individual''.
(13) Section 11203 of title 46, United States Code,
is amended--
(A) by striking ``a person'' each place it
appears and inserting ``an individual''; and
(B) in subsection (a)(2), by striking ``that
person'' and inserting ``that individual''.
(14) Section 15109(i)(2) of title 46, United States
Code, is amended by striking ``additional persons'' and
inserting ``additional individuals''.
SEC. 5006. REFERENCES TO ``HIMSELF'' AND ``HIS''.
(a) Section 1927 of title 14, United States Code, is amended
by--
(1) striking ``of his initial'' and inserting ``of an
initial''; and
(2) striking ``from his pay'' and inserting ``from
the pay of such cadet''.
(b) Section 2108(b) of title 14, United States Code, is
amended by striking ``himself'' and inserting ``such officer''.
(c) Section 2732 of title 14, United States Code, as amended
by this division, is further amended--
(1) by striking ``distinguishes himself conspicuously
by'' and inserting ``displays conspicuous''; and
(2) by striking ``his'' and inserting ``such
individual's''.
(d) Section 2736 of title 14, United States Code, as amended
by this division, is further amended by striking
``distinguishes himself by'' and inserting ``performs''.
(e) Section 2738 of title 14, United States Code, as amended
by this division, is further amended by striking
``distinguishes himself by'' and inserting ``displays''.
(f) Section 2739 of title 14, United States Code, as amended
by this division, is further amended by striking
``distinguishes himself by'' and inserting ``displays''.
(g) Section 2742 of title 14, United States Code, is amended
by striking ``he distinguished himself'' and inserting ``of the
acts resulting in the consideration of such award''.
(h) Section 2743 of title 14, United States Code, as amended
by this division, is further amended--
(1) by striking ``distinguishes himself''; and
(2) by striking ``he'' and inserting ``such
individual''.
SEC. 5007. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Miscellaneous Technical Corrections.--
(1) Section 3305(d)(3)(B) of title 46, United States
Code, is amended by striking ``Coast Guard
Authorization Act of 2017'' and inserting ``Frank
LoBiondo Coast Guard Authorization Act of 2018''.
(2) Section 4312 of title 46, United States Code, is
amended by striking ``Coast Guard Authorization Act of
2017'' each place it appears and inserting ``Frank
LoBiondo Coast Guard Authorization Act of 2018 (Public
Law 115-282)''.
(3) The analysis for chapter 700 of title 46, United
States Code, is amended--
(A) by striking the item relating to the
heading for the first subchapter and inserting
the following:
``subchapter i--vessel operations'';
(B) by striking the item relating to the
heading for the second subchapter and inserting
the following:
``subchapter ii--ports and waterways safety'';
(C) by striking the item relating to the
heading for the third subchapter and the item
relating to section 70021 of such chapter and
inserting the following:
``subchapter iii--conditions for entry into ports in the united states
``70021. Conditions for entry into ports in the United States.'';
(D) by striking the item relating to the
heading for the fourth subchapter and inserting
the following:
``subchapter iv--definitions regulations, enforcement, investigatory
powers, applicability'';
(E) by striking the item relating to the
heading for the fifth subchapter and inserting
the following:
``subchapter v--regattas and marine parades'';
and
(F) by striking the item relating to the
heading for the sixth subchapter and inserting
the following:
``subchapter vi--regulation of vessels in territorial waters of the
united states''.
(4) Section 70031 of title 46, United States Code, is
amended by striking ``A through C'' and inserting ``I
through III''.
(5) Section 70032 of title 46, United States Code, is
amended by striking ``A through C'' and inserting ``I
through III''.
(6) Section 70033 of title 46, United States Code, is
amended by striking ``A through C'' and inserting ``I
through III''.
(7) Section 70034 of title 46, United States Code, is
amended by striking ``A through C'' each place it
appears and inserting ``I through III''.
(8) Section 70035(a) of title 46, United States Code,
is amended by striking ``A through C'' and inserting
``I through III''.
(9) Section 70036 of title 46, United States Code, is
amended by--
(A) striking ``A through C'' each place it
appears and inserting ``I through III''; and
(B) striking ``A, B, or C'' each place it
appears and inserting ``I, II, or III''.
(10) Section 70051 of title 46, United States Code,
is amended--
(A) by striking ``immediate Federal
response,'' and all that follows through
``subject to the approval'' and inserting
``immediate Federal response, the Secretary of
the department in which the Coast Guard is
operating may make, subject to the approval'';
and
(B) by striking ``authority to issue such
rules'' and all that follows through ``Any
appropriation'' and inserting ``authority to
issue such rules and regulations to the
Secretary of the department in which the Coast
Guard is operating. Any appropriation''.
(11) Section 70052(e) of title 46, United States
Code, is amended by striking ``Secretary'' and
inserting ``Secretary of the department in which the
Coast Guard is operating'' each place it appears.
(b) Alteration of Bridges; Technical Changes.--The Act of
June 21, 1940 (33 U.S.C. 511 et seq.), popularly known as the
Truman-Hobbs Act, is amended by striking section 12 (33 U.S.C.
522).
(c) Report of Determination; Technical Correction.--Section
105(f)(2) of the Pribilof Islands Transition Act (16 U.S.C.
1161 note; Public Law 106-562) is amended by striking
``subsection (a),'' and inserting ``paragraph (1),''.
(d) Technical Corrections to Frank LoBiondo Coast Guard
Authorization Act of 2018.--
(1) Section 408 of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) and the
item relating to such section in section 2 of such Act
are repealed, and the provisions of law redesignated,
transferred, or otherwise amended by section 408 are
amended to read as if such section were not enacted.
(2) Section 514(b) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is
amended by striking ``Chapter 30'' and inserting
``Chapter 3''.
(3) Section 810(d) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is
amended by striking ``within 30 days after receiving
the notice under subsection (a)(1), the Secretary
shall, by not later than 60 days after transmitting
such notice,'' and inserting ``in accordance within
subsection (a)(2), the Secretary shall''.
(4) Section 820(a) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is
amended by striking ``years 2018 and'' and inserting
``year''.
(5) Section 820(b)(2) of the Frank LoBiondo Coast
Guard Authorization Act of 2018 (Public Law 115-282) is
amended by inserting ``and the Consolidated
Appropriations Act, 2018 (Public Law 115-141)'' after
``(Public Law 115-31)''.
(6) Section 821(a)(2) of the Frank LoBiondo Coast
Guard Authorization Act of 2018 (Public Law 115-282) is
amended by striking ``Coast Guard Authorization Act of
2017'' and inserting ``Frank LoBiondo Coast Guard
Authorization Act of 2018''.
(7) This section shall take effect on the date of the
enactment of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) and
apply as if included therein.
(e) Technical Correction.--Section 533(d)(2)(A) of the Coast
Guard Authorization Act of 2016 (Public Law 114-120) is amended
by striking ``Tract 6'' and inserting ``such Tract''.
(f) Distant Water Tuna Fleet; Technical Corrections.--Section
421 of the Coast Guard and Maritime Transportation Act of 2006
(Public Law 109-241) is amended--
(1) in subsection (a)--
(A) by striking ``Notwithstanding'' and
inserting the following:
``(1) In general.--Notwithstanding''; and
(B) by adding at the end the following:
``(2) Definition.--In this subsection, the term
`treaty area' has the meaning given the term in the
Treaty on Fisheries Between the Governments of Certain
Pacific Island States and the Government of the United
States of America as in effect on the date of the
enactment of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109-241).''; and
(2) in subsection (c)--
(A) by striking ``12.6 or 12.7'' and
inserting ``13.6''; and
(B) by striking ``and Maritime Transportation
Act of 2012'' and inserting ``Authorization Act
of 2020''.
SEC. 5008. TECHNICAL CORRECTIONS RELATING TO CODIFICATION OF PORTS AND
WATERWAYS SAFETY ACT.
Effective upon the enactment of section 401 of the Frank
LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-
282), and notwithstanding section 402(e) of such Act--
(1) section 16 of the Ports and Waterways Safety Act,
as added by section 315 of the Countering America's
Adversaries Through Sanctions Act (Public Law 115-44;
131 Stat. 947)--
(A) is redesignated as section 70022 of title
46, United States Code, transferred to appear
after section 70021 of that title, and amended
so that the enumerator, section heading,
typeface, and typestyle conform to those
appearing in other sections in title 46, United
States Code; and
(B) as so redesignated and transferred, is
amended--
(i) in subsections (b) and (e), by
striking ``section 4(a)(5)'' each place
it appears and inserting ``section
70001(a)(5)'';
(ii) in subsection (c)(2), by
striking ``not later than'' and all
that follows through ``thereafter,''
and inserting ``periodically''; and
(iii) by striking subsection (h); and
(2) chapter 700 of title 46, United States Code, is
amended--
(A) in section 70002(2), by inserting ``or
70022'' after ``section 70021'';
(B) in section 70036(e), by inserting ``or
70022'' after ``section 70021''; and
(C) in the analysis for such chapter--
(i) by inserting ``Sec.'' above the
section items, in accordance with the
style and form of such an entry in
other chapter analyses of such title;
and
(ii) by adding at the end the
following:
``70022. Prohibition on entry and operation.''.
SEC. 5009. AIDS TO NAVIGATION.
(a) Section 541 of title 14, United States Code, is amended--
(1) by striking ``In'' and inserting ``(a) In''; and
(2) by adding at the end the following:
``(b) In the case of pierhead beacons, the Commandant may--
``(1) acquire, by donation or purchase in behalf of
the United States, the right to use and occupy sites
for pierhead beacons; and
``(2) properly mark all pierheads belonging to the
United States situated on the northern and northwestern
lakes, whenever the Commandant is duly notified by the
department charged with the construction or repair of
pierheads that the construction or repair of any such
pierheads has been completed.''.
(b) Subchapter III of chapter 5 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 548. Prohibition against officers and employees being interested
in contracts for materials
``No officer, enlisted member, or civilian member of the
Coast Guard in any manner connected with the construction,
operation, or maintenance of lighthouses, shall be interested,
either directly or indirectly, in any contract for labor,
materials, or supplies for the construction, operation, or
maintenance of lighthouses, or in any patent, plan, or mode of
construction or illumination, or in any article of supply for
the construction, operation, or maintenance of lighthouses.
``Sec. 549. Lighthouse and other sites; necessity and sufficiency of
cession by State of jurisdiction
``(a) No lighthouse, beacon, public pier, or landmark, shall
be built or erected on any site until cession of jurisdiction
over the same has been made to the United States.
``(b) For the purposes of subsection (a), a cession by a
State of jurisdiction over a place selected as the site of a
lighthouse, or other structure or work referred to in
subsection (a), shall be deemed sufficient if the cession
contains a reservation that process issued under authority of
such State may continue to be served within such place.
``(c) If no reservation of service described in subsection
(b) is contained in a cession, all process may be served and
executed within the place ceded, in the same manner as if no
cession had been made.
``Sec. 550. Marking pierheads in certain lakes
``The Commandant of the Coast Guard shall properly mark all
pierheads belonging to the United States situated on the
northern and northwestern lakes, whenever he is duly notified
by the department charged with the construction or repair of
pierheads that the construction or repair of any such pierhead
has been completed.''.
(c) Clerical Amendment.--The analysis for chapter 5 of title
14, United States Code, is amended by inserting after the item
relating to section 547 the following:
``548. Prohibition against officers and employees being interested in
contracts for materials.
``549. Lighthouse and other sites; necessity and sufficiency of cession
by State of jurisdiction.
``550. Marking pierheads in certain lakes.''.
SEC. 5010. TRANSFERS RELATED TO EMPLOYEES OF LIGHTHOUSE SERVICE.
(a) Section 6 of chapter 103 of the Act of June 20, 1918 (33
U.S.C. 763) is repealed.
(b) Chapter 25 of title 14, United States Code, is amended by
inserting after section 2531 the following:
``Sec. 2532. Retirement of employees
``(a) Optional Retirement.--Except as provided in subsections
(d) and (e), a covered employee may retire from further
performance of duty if such officer or employee--
``(1) has completed 30 years of active service in the
Government and is at least 55 years of age;
``(2) has completed 25 years of active service in the
Government and is at least 62 years of age; or
``(3) is involuntarily separated from further
performance of duty, except by removal for cause on
charges of misconduct or delinquency, after completing
25 years of active service in the Government, or after
completing 20 years of such service and if such
employee is at least 50 years of age.
``(b) Compulsory Retirement.--A covered employee who becomes
70 years of age shall be compulsorily retired from further
performance of duty.
``(c) Retirement for Disability.--
``(1) In general.--A covered employee who has
completed 15 years of active service in the Government
and is found, after examination by a medical officer of
the United States, to be disabled for useful and
efficient service by reason of disease or injury not
due to vicious habits, intemperance, or willful
misconduct of such officer or employee, shall be
retired.
``(2) Restoration to active duty.--Any individual
retired under paragraph (1) may, upon recovery, be
restored to active duty, and shall from time to time,
before reaching the age at which such individual may
retire under subsection (a), be reexamined by a medical
officer of the United States upon the request of the
Secretary of the department in which the Coast Guard is
operating.
``(d) Annual Compensation.--
``(1) In general.--Except as provided in paragraph
(2), The annual compensation of a person retired under
this section shall be a sum equal to one-fortieth of
the average annual pay received for the last 3 years of
service for each year of active service in the
Lighthouse Service, or in a department or branch of the
Government having a retirement system, not to exceed
thirty-fortieths of such average annual pay received.
``(2) Retirement before 55.--The retirement pay
computed under paragraph (1) for any officer or
employee retiring under this section shall be reduced
by one-sixth of 1 percent for each full month the
officer or employee is under 55 years of age at the
date of retirement.
``(3) No allowance or subsistence.--Retirement pay
under this section shall not include any amount on
account of subsistence or other allowance.
``(e) Exception.--The retirement and pay provision in this
section shall not apply to--
``(1) any person in the field service of the
Lighthouse Service whose duties do not require
substantially all their time; or
``(2) persons of the Coast Guard.
``(f) Waiver.--Any person entitled to retirement pay under
this section may decline to accept all or any part of such
retirement pay by a waiver signed and filed with the Secretary
of the Treasury. Such waiver may be revoked in writing at any
time, but no payment of the retirement pay waived shall be made
covering the period during which such waiver was in effect.
``(g) Definition.--For the purposes of this section, the term
`covered employee' means an officer or employee engaged in the
field service or on vessels of the Lighthouse Service, except a
person continuously employed in district offices or shop.''.
(c) Clerical Amendment.--The analysis for chapter 25 of title
14, United States Code, is amended by inserting after the item
relating to section 2531 the following:
``2532. Retirement of employees.''.
SEC. 5011. TRANSFERS RELATED TO SURVIVING SPOUSES OF LIGHTHOUSE SERVICE
EMPLOYEES.
(a) Benefit to Surviving Spouses.--Chapter 25 of title 14,
United States Code, is further amended by inserting after
section 2532 (as added by this division) the following:
``Sec. 2533. Surviving spouses
``The Secretary of the department in which the Coast Guard is
operating shall pay $100 per month to the surviving spouse of a
current or former employee of the Lighthouse Service in
accordance with section 2532 if such employee dies--
``(1) at a time when such employee was receiving or
was entitled to receive retirement pay under this
subchapter; or
``(2) from non-service-connected causes after fifteen
or more years of employment in such service.''.
(b) Transfers Related to Surviving Spouses of Lighthouse
Service Employees.--
(1) Chapter 25 of title 14, United States Code, is
amended by inserting after section 2533 (as added by
this division) the following:
``Sec. 2534. Application for benefits''.
(2)(A) Section 3 of chapter 761 of the Act of August
19, 1950 (33 U.S.C. 773), is redesignated as section
2534(a) of title 14, United States Code, transferred to
appear after the heading of section 2534 of that title,
and amended so that the enumerator, section heading,
typeface, and typestyle conform to those appearing in
other sections in title 14, United States Code.
(B) Section 2534(a), as so redesignated, transferred,
and amended is further amended by striking ``this Act''
and inserting ``section 2533''.
(3)(A) Section 4 of chapter 761 of the Act of August
19, 1950 (33 U.S.C. 774), is redesignated as section
2534(b) of title 14, United States Code, transferred to
appear after section 2534(a) of that title, and amended
so that the enumerator, section heading, typeface, and
typestyle conform to those appearing in other sections
in title 14, United States Code.
(B) Section 2534(b), as so redesignated, transferred,
and amended is further amended by striking ``the
provisions of this Act'' and inserting ``section
2533''.
(4)(A) The proviso under the heading ``Payment to
Civil Service Retirement and Disability Fund'' of title
V of division C of Public Law 112-74 (33 U.S.C. 776) is
redesignated as section 2534(c) of title 14, United
States Code, transferred to appear after section
2534(b) of that title, and amended so that the
enumerator, section heading, typeface, and typestyle
conform to those appearing in other sections in title
14, United States Code.
(B) Section 2534(c), as so redesignated, transferred,
and amended is further amended by striking ``the Act of
May 29, 1944, and the Act of August 19, 1950 (33 U.S.C.
771-775),'' and inserting ``section 2533''.
(c) Clerical Amendment.--The analysis for chapter 25 of title
14, United States Code, is further amended by inserting after
the item relating to section 2532 (as added by this division)
the following:
``2533. Surviving spouses.
``2534. Application for benefits.''.
SEC. 5012. REPEALS RELATED TO LIGHTHOUSE STATUTES.
(a) In General.--The following provisions are repealed:
(1) Section 4680 of the Revised Statutes of the
United States (33 U.S.C. 725).
(2) Section 4661 of the Revised Statutes of the
United States (33 U.S.C. 727).
(3) Section 4662 of the Revised Statutes of the
United States (33 U.S.C. 728).
(4) The final paragraph in the account ``For Life-
Saving and Life-Boat Stations'' under the heading
Treasury Department in the first section of chapter 130
of the Act of March 3, 1875 (33 U.S.C. 730a).
(5) Section 11 of chapter 301 of the Act of June 17,
1910 (33 U.S.C. 743).
(6) The first section of chapter 215 of the Act of
May 13, 1938 (33 U.S.C. 745a).
(7) The first section of chapter 313 of the Act of
February 25, 1929 (33 U.S.C. 747b).
(8) Section 2 of chapter 103 of the Act of June 20,
1918 (33 U.S.C. 748).
(9) Section 4 of chapter 371 of the Act of May 22,
1926 (33 U.S.C. 754a).
(10) Chapter 642 of the Act of August 10, 1939 (33
U.S.C. 763a-1).
(11) Chapter 788 of the Act of October 29, 1949 (33
U.S.C. 763-1).
(12) Chapter 524 of the Act of July 9, 1956 (33
U.S.C. 763-2).
(13) The last 2 provisos under the heading Lighthouse
Service, under the heading Department of Commerce, in
the first section of chapter 161 of the Act of March 4,
1921 (41 Stat. 1417, formerly 33 U.S.C. 764).
(14) Section 3 of chapter 215 of the Act of May 13,
1938 (33 U.S.C. 770).
(15) The first section and section 2 of chapter 761
of the Act of August 19, 1950 (33 U.S.C. 771 and 772).
(b) Savings.--
(1) Notwithstanding any repeals made by this section,
any individual beneficiary currently receiving payments
under the authority of any provisions repealed in this
section shall continue to receive such benefits.
(2) Notwithstanding the repeals made under paragraphs
(10) and (11) of subsection (a), any pay increases made
under chapter 788 of the Act of October 29, 1949, and
chapter 524 of the Act of July 9, 1956, as in effect
prior to their repeal shall remain in effect.
TITLE VI--FEDERAL MARITIME COMMISSION
SEC. 6001. SHORT TITLE.
This title may be cited as the ``Federal Maritime Commission
Authorization Act of 2020''.
SEC. 6002. AUTHORIZATION OF APPROPRIATIONS.
Section 308 of title 46, United States Code, is amended by
striking ``$28,012,310 for fiscal year 2018 and $28,544,543 for
fiscal year 2019'' and inserting ``$29,086,888 for fiscal year
2020 and $29,639,538 for fiscal year 2021''.
SEC. 6003. UNFINISHED PROCEEDINGS.
Section 305 of title 46, United States Code, is amended--
(1) by striking ``The Federal'' and inserting ``(a)
In General.--The Federal''; and
(2) by adding at the end the following:
``(b) Transparency.--
``(1) In general.--In conjunction with the
transmittal by the President to the Congress of the
Budget of the United States for fiscal year 2021 and
biennially thereafter, the Federal Maritime Commission
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives reports that describe the Commission's
progress toward addressing the issues raised in each
unfinished regulatory proceeding, regardless of whether
the proceeding is subject to a statutory or regulatory
deadline.
``(2) Format of reports.--Each report under paragraph
(1) shall, among other things, clearly identify for
each unfinished regulatory proceeding--
``(A) the popular title;
``(B) the current stage of the proceeding;
``(C) an abstract of the proceeding;
``(D) what prompted the action in question;
``(E) any applicable statutory, regulatory,
or judicial deadline;
``(F) the associated docket number;
``(G) the date the rulemaking was initiated;
``(H) a date for the next action; and
``(I) if a date for the next action
identified in the previous report is not met,
the reason for the delay.''.
SEC. 6004. TRANSFER OF FEDERAL MARITIME COMMISSION PROVISIONS.
(a) Transfer.--
(1) Subtitle IV of title 46, United States Code, is
amended by adding at the end the following:
``PART D--FEDERAL MARITIME COMMISSION
``CHAPTER 461--FEDERAL MARITIME COMMISSION''.
(2) Chapter 3 of title 46, United States Code, is
redesignated as chapter 461 of part D of subtitle IV of
such title and transferred to appear in such part.
(3) Sections 301 through 308 of such title are
redesignated as sections 46101 through 46108,
respectively, of such title.
(b) Conforming Amendments.--
(1) Section 46101(c)(3)(A)(v) of title 46, United
States Code, as so redesignated, is amended by striking
``304'' and inserting ``46104''.
(2) section 322(b) of the Coast Guard Personnel and
Maritime Safety Act of 2002 (31 U.S.C. 1113 note) is
amended by striking ``208 of the Merchant Marine Act,
1936 (46 App. U.S.C. 1118)'' and inserting ``46106(a)
of title 46, United States Code''.
(3) Section 1031(23) of the National Defense
Authorization Act for Fiscal Year 2000 (31 U.S.C. 1113
note) is amended by striking ``208, 901(b)(2), and 1211
of the Merchant Marine Act, 1936 (46 App. U.S.C. 1118,
1241(b)(2), 1291)'' and inserting ``44106(a) and
55305(d) of title 46, United States Code''.
(4) The analysis for subtitle I of title 46, United
States Code, is amended by striking the item relating
to chapter 3.
(5) The analysis for subtitle IV of such title is
amended by adding at the end the following:
``Part D--Federal Maritime Commission
``461. Federal Maritime Commission..............................46101''.
(6) The analysis for chapter 461 of part D of
subtitle IV of such title, as so redesignated, is
amended to read as follows:
``Sec.
``46101. General organization.
``46102. Quorum.
``46103. Meetings.
``46104. Delegation of authority.
``46105. Regulations.
``46106. Annual report.
``46107. Expenditures.
``46108. Authorization of appropriations.''.
(c) Technical Correction.--Section 46103(c)(3) of title 46,
United States Code, as so redesignated, is amended by striking
``555b(c)'' and inserting ``552b(c)''.
----------
118. An Amendment To Be Offered by Representative DelBene of Washington
or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title VIII, insert the following
new section:
SEC. 8__. DOMESTIC SOURCING REQUIREMENTS FOR ALUMINUM.
(a) Finding.--Congress finds that aluminum production
capacity in the United States is critical to United States
national security.
(b) Designation of Aluminum as Specialty Metal.--Section
2533b(l) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(5) Aluminum and aluminum alloys.''
(c) Federal Highway Administration.--Section 313(a) of title
23, United States Code, is amended by striking ``unless steel,
iron, and manufactured products'' and inserting ``unless steel,
iron, aluminum, and manufactured products''.
(d) Federal Transit Administration.--Section 5323(j) of title
49, United States Code, is amended--
(1) in paragraph (1), by striking ``only if the
steel, iron, and manufactured goods'' and inserting
``only if the steel, iron, aluminum, and manufactured
goods'';
(2) in paragraph (2)(B), by striking ``steel, iron,
and goods'' and inserting ``steel, iron, aluminum, and
manufactured goods'';
(3) in paragraph (5), by striking ``or iron'' and
inserting ``, iron, or aluminum'';
(4) in paragraph (6)(A)(i), by inserting ``,
aluminum'' after ``iron'';
(5) in paragraph (10), by inserting ``, aluminum''
after ``iron''; and
(6) in paragraph (12)--
(A) in the paragraph heading, by striking
``and iron'' and inserting ``, iron, and
aluminum''; and
(B) by striking ``and iron'' and inserting
``, iron, and aluminum''.
(e) Federal Railroad Administration.--Section 22905(a) of
title 49, United States Code, is amended--
(1) in paragraph (1), by striking ``only if the
steel, iron, and manufactured goods'' and inserting
``only if the steel, iron, aluminum, and manufactured
products'';
(2) in paragraph (2)(B), by inserting ``, aluminum''
after ``iron''; and
(3) in paragraph (9), by inserting ``, aluminum''
after ``iron''.
(f) Federal Aviation Administration.--Section 50101(a) of
title 49, United States Code, is amended by striking ``steel
and manufactured goods'' and inserting ``steel, aluminum, and
manufactured goods''.
(g) Amtrak.--Section 24305(f)(2) of title 49, United States
Code, is amended by inserting ``(including aluminum)'' after
``supplies'' each place it appears.
----------
119. An Amendment To Be Offered by Representative DelBene of Washington
or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title VIII, add the following new
section:
SEC. 8_. REPORT ON ALUMINUM REFINING, PROCESSING, AND MANUFACTURING.
(a) Sense of Congress.--It is the sense of Congress that,
consistent with any determinations made pursuant to section 101
of the Defense Production Act of 1950 (50 U.S.C. 4511), the
refining of aluminum and the development of processing and
manufacturing capabilities for aluminum, including a
geographically diverse set of such capabilities, may have
important implications for the defense industrial base and the
national defense.
(b) Report.--Not later than September 30, 2021, the Secretary
of Defense shall submit to the appropriate congressional
committees a report on--
(1) how authorities under the Defense Production Act
of 1950 (50 U.S.C. 4501 et seq.) could be used to
provide incentives to increase activities relating to
refining aluminum and the development of processing and
manufacturing capabilities for aluminum; and
(2) whether a new initiative would further the
development of such processing and manufacturing
capabilities for aluminum.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committees on Armed Services of the
Senate and the House of Representatives; and
(B) the Committee on Financial Services of
the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs of the
Senate.
(2) National defense.--The term ``national defense''
shall have the same meaning as such term under section
702 of the Defense Production Act of 1950 (50 U.S. C.
4552).
----------
120. An Amendment To Be Offered by Representative Delgado of New York
or His Designee, Debatable for 10 Minutes
Page 1024, after line 6, insert the following:
SEC. 1706. REPORT REGARDING VETERANS WHO RECEIVE BENEFITS UNDER LAWS
ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
publish a report regarding veterans who receive benefits under
laws administered by the Secretary, including the Transition
Assistance Program under sections 1142 and 1144 of title 10,
United States Code.
(b) Data.--The data regarding veterans published in the
report under subsection (a)--
(1) shall be disaggregated by--
(A) sex;
(B) sexual orientation;
(C) gender identity;
(D) minority group member status; and
(E) minority group member status listed by
sex; and
(2) may not include any personally identifiable
information.
(c) Matters Included.--The report under subsection (a) shall
include--
(1) identification of any disparities in the use of
benefits under laws administered by the Secretary;
(2) an analysis of the cause of such disparities, and
recommendations to address such disparities; and
(3) identification of veterans who are determined to
be ineligible for benefits due to discharge status.
(d) Minority Group Member Defined.--In this section, the term
``minority group member'' has the meaning given that term in
section 544 of title 38, United States Code.
----------
121. An Amendment To Be Offered by Representative Delgado of New York
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title XVII the following:
SEC. 1762. THRESHOLD FOR REPORTING ADDITIONS TO TOXICS RELEASE
INVENTORY.
Section 7321 of the PFAS Act of 2019 (Public Law 116-92) is
amended--
(1) in subsection (b), by adding at the end the
following:
``(3) Limitation.--Section 372.38 of title 40, Code
of Federal Regulations (or any successor regulation),
shall not apply to a chemical described in paragraph
(1) unless the Administrator, in accordance with
paragraph (2)(B), revises the threshold for reporting
such chemical to 10,000 pounds.'';
(2) in subsection (c), by adding at the end the
following:
``(3) Limitation.--Section 372.38 of title 40, Code
of Federal Regulations (or any successor regulation),
shall not apply to the substances and classes of
substances included in the toxics release inventory
under paragraph (1) unless the Administrator, in
accordance with paragraph (2)(B), revises the threshold
for reporting such substances and class of substances
to 10,000 pounds.''; and
(3) in subsection (d), by adding at the end the
following:
``(4) Limitation.--Section 372.38 of title 40, Code
of Federal Regulations (or any successor regulation),
shall not apply to the substances and classes of
substances described in paragraph (2) unless the
Administrator sets a 10,000 pound reporting threshold
for such substances and classes of substances.''.
----------
122. An Amendment To Be Offered by Representative Deutch of Florida or
His Designee, Debatable for 10 Minutes
Add at the end of title XII the following:
Subtitle H--United States Nationals Unlawfully or Wrongfully Detained
Abroad
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the ``Robert Levinson Hostage
Recovery and Hostage-Taking Accountability Act''.
SEC. 1282. 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 1283.
(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
1284(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. 1283. SPECIAL ENVOY FOR HOSTAGE AFFAIRS.
(a) Establishment.--There is within the office of the
Secretary of State a Special Presidential Envoy for Hostage
Affairs.
(b) Responsibilities.--The Special Presidential Envoy for
Hostage Affairs, under the supervision of the Secretary of
State, shall--
(1) lead diplomatic engagement on United States
hostage policy;
(2) coordinate all diplomatic engagements 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) coordinate with the Hostage Recovery Fusion Cell
proposals for diplomatic engagements and strategy in
support of hostage recovery efforts;
(4) provide senior representation from the Special
Envoy's office to the Hostage Recovery Fusion Cell
established under section 1284 and the Hostage Response
Group established under section 1285; and
(5) in coordination with the Hostage Recovery Fusion
Cell as appropriate, coordinate diplomatic engagements
regarding cases in which a foreign government confirms
that it has detained a United States national but the
United States Government regards such detention as
unlawful or wrongful.
SEC. 1284. HOSTAGE RECOVERY FUSION CELL.
(a) Establishment.--The President shall establish an
interagency Hostage Recovery Fusion Cell.
(b) Participation.--The President shall direct the heads of
each of the following executive departments, agencies, and
offices to make available personnel to participate in the
Hostage Recovery Fusion Cell:
(1) The Department of State.
(2) The Department of the Treasury.
(3) The Department of Defense.
(4) The Department of Justice.
(5) The Office of the Director of National
Intelligence.
(6) The Federal Bureau of Investigation.
(7) The Central Intelligence Agency.
(8) Other agencies as the President, from time to
time, may designate.
(c) Personnel.--The Hostage Recovery Fusion Cell shall
include--
(1) a Director, who shall be a full-time senior
officer or employee of the United States Government;
(2) a Family Engagement Coordinator who shall--
(A) work to ensure that all interactions by
executive branch officials with a hostage's
family occur in a coordinated fashion and that
the family receives consistent and accurate
information from the United States Government;
and
(B) if directed, perform the same function as
set out in subparagraph (A) with regard to the
family of a United States national who is
unlawfully or wrongfully detained abroad; and
(3) other officers and employees as deemed
appropriate by the President.
(d) Duties.--The Hostage Recovery Fusion Cell shall--
(1) coordinate efforts by participating agencies to
ensure that all relevant information, expertise, and
resources are brought to bear to secure the safe
recovery of United States nationals held hostage
abroad;
(2) if directed, coordinate the United States
Government's response to other hostage-takings
occurring abroad in which the United States has a
national interest;
(3) if directed, coordinate or assist the United
States Government's response to help secure the release
of United States nationals unlawfully or wrongfully
detained abroad; and
(4) pursuant to policy guidance coordinated through
the National Security Council--
(A) identify and recommend hostage recovery
options and strategies to the President through
the National Security Council or the Deputies
Committee of the National Security Council;
(B) coordinate efforts by participating
agencies to ensure that information regarding
hostage events, including potential recovery
options and engagements with families and
external actors (including foreign
governments), is appropriately shared within
the United States Government to facilitate a
coordinated response to a hostage-taking;
(C) assess and track all hostage-takings of
United States nationals abroad and provide
regular reports to the President and Congress
on the status of such cases and any measures
being taken toward the hostages' safe recovery;
(D) provide a forum for intelligence sharing
and, with the support of the Director of
National Intelligence, coordinate the
declassification of relevant information;
(E) coordinate efforts by participating
agencies to provide appropriate support and
assistance to hostages and their families in a
coordinated and consistent manner and to
provide families with timely information
regarding significant events in their cases;
(F) make recommendations to agencies in order
to reduce the likelihood of United States
nationals' being taken hostage abroad and
enhance United States Government preparation to
maximize the probability of a favorable outcome
following a hostage-taking; and
(G) coordinate with agencies regarding
congressional, media, and other public
inquiries pertaining to hostage events.
(e) Administration.--The Hostage Recovery Fusion Cell shall
be located within the Federal Bureau of Investigation for
administrative purposes.
SEC. 1285. 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
1283, 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. 1286. 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.--
(1) In general.--The authorities and requirements to
impose sanctions authorized under this section shall
not include the authority or a requirement to impose
sanctions on the importation of goods.
(2) Good defined.--In this subsection, the term
``good'' means any article, natural or manmade
substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.
(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. 1287. 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. 1288. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed to authorize a
private right of action.
----------
123. An Amendment To Be Offered by Representative Engel of New York or
His Designee, Debatable for 10 Minutes
Add at the end of title XII the following:
Subtitle H--Matters Relating to the Northern Triangle
SEC. 1281. ACTIONS TO ADVANCE PROSPERITY IN THE NORTHERN TRIANGLE.
(a) Secretary of State Prioritization.--The Secretary of
State shall prioritize prosperity in the Northern Triangle
countries by carrying out the following initiatives:
(1) Supporting market-based solutions to eliminate
constraints to inclusive economic growth, including
through support for increased digital connectivity and
the use of financial technology, and private sector and
civil society-led efforts to create jobs and foster
economic prosperity.
(2) Addressing underlying causes of poverty and
inequality, including by improving nutrition and food
security, providing health resources and access to
clean water, sanitation, hygiene, and shelter, and
improving livelihoods.
(3) Responding to immediate humanitarian needs by
increasing humanitarian assistance, including through
access to clean water, sanitation, hygiene, and
shelter, improving livelihoods, and by providing health
resources and improving nutrition and food security.
(4) Supporting conservation and community resilience
and strengthening community preparedness for natural
disasters and other external shocks.
(5) Identifying, as appropriate, a role for the
United States International Development Finance
Corporation, the Millennium Challenge Corporation
(MCC), the United States Agency for International
Development, and the United States private sector in
supporting efforts to increase private sector
investment and strengthen economic prosperity.
(6) Expanding comprehensive reintegration mechanisms
for repatriated individuals once returned to their
countries of origin and supporting efforts by the
private sector to hire and train eligible returnees.
(7) Establishing monitoring and verification services
to determine the well-being of repatriated children in
order to determine if United States protection and
screening functioned effectively in identifying
persecuted and trafficked children.
(8) Supporting efforts to increase domestic resource
mobilization, including through strengthening of tax
collection and enforcement and legal arbitration
mechanisms.
(b) Strategy.--
(1) Elements.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State,
in coordination with the Administrator of the United
States Agency for International Development, the
President and Chief Executive Officer of the Inter-
American Foundation, the Director of the United States
Trade and Development Agency, the Chief Executive
Officer of the United States International Development
Finance Corporation, and the heads of other relevant
Federal agencies, shall submit to the appropriate
congressional committees a 5-year strategy to
prioritize prosperity in the Northern Triangle
countries by carrying out the initiatives described in
subsection (a).
(2) Consultation.--In developing the strategy
required under paragraph (1), the Secretary of State
shall consult with nongovernmental organizations in the
Northern Triangle countries and the United States.
(3) Benchmarks.--The strategy required under
paragraph (1) shall include annual benchmarks to track
the strategy's progress in curbing irregular migration
from the Northern Triangle to the United States.
(4) Public diplomacy.--The strategy required under
paragraph (1) shall include a public diplomacy strategy
for educating citizens of the Northern Triangle
countries about United States assistance and its
benefits to them, and informing such citizens of the
dangers of illegal migration to the United States.
(5) Annual progress updates.--Not later than 1 year
after the submission of the strategy required under
paragraph (1) and annually thereafter for 4 years, the
Secretary of State shall provide the appropriate
congressional committees with a written description of
progress made in meeting the benchmarks established in
the strategy.
(6) Public availability.--The strategy required under
paragraph (1) shall be made publicly available on the
website of the Department of State.
(c) Report on Establishing an Investment Fund for the
Northern Triangle Countries and Southern Mexico.--Not later
than 180 days after the date of the enactment of this Act, the
Chief Executive Officer of the United States International
Development Finance Corporation shall submit to the appropriate
congressional committees a detailed report assessing the
feasibility, costs, and benefits of the Corporation
establishing an investment fund to promote economic and social
development in the Northern Triangle countries and southern
Mexico.
SEC. 1282. ACTIONS TO COMBAT CORRUPTION IN THE NORTHERN TRIANGLE.
(a) Secretary of State Prioritization.--The Secretary of
State shall prioritize efforts to combat corruption in the
Northern Triangle countries by carrying out the following
initiatives:
(1) Supporting anticorruption efforts, including by
strengthening national justice systems and attorneys
general, providing technical assistance to identify and
prosecute money laundering and other financial crimes,
breaking up financial holdings of organized criminal
syndicates, including illegally acquired lands and
proceeds from illegal activities, and supporting
independent media and investigative reporting.
(2) Supporting anticorruption efforts through
bilateral assistance and complementary support through
multilateral anticorruption mechanisms when necessary.
(3) Encouraging cooperation agreements between the
Department of State and relevant United States
Government agencies and attorneys general to fight
corruption.
(4) Supporting efforts to strengthen special
prosecutorial offices and financial institutions to
combat corruption, money laundering, financial crimes,
extortion, human rights crimes, asset forfeiture, and
criminal analysis.
(5) Supporting initiatives to advance judicial
integrity and improve security for members of the
judicial sector.
(6) Supporting transparent, merit-based selection
processes for prosecutors and judges and the
development of professional and merit-based civil
services.
(7) Supporting the establishment or strengthening of
methods, procedures, and expectations for internal and
external control mechanisms for the security and police
services and judiciary.
(8) Supporting the adoption of appropriate
technologies to combat corruption in public finance.
(b) Strategy.--
(1) Elements.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State,
in coordination with the Administrator of the United
States Agency for International Development and the
heads of other relevant Federal agencies, shall submit
to the appropriate congressional committees a 5-year
strategy to combat corruption in the Northern Triangle
countries by carrying out the initiatives described in
subsection (a).
(2) Consultation.--In developing the strategy
required under paragraph (1), the Secretary of State
shall consult with nongovernmental organizations in the
Northern Triangle countries and the United States.
(3) Benchmarks.--The strategy required under
paragraph (1) shall include annual benchmarks to track
the strategy's progress in curbing irregular migration
from the Northern Triangle to the United States.
(4) Public diplomacy.--The strategy required under
paragraph (1) shall include a public diplomacy strategy
for educating citizens of the Northern Triangle
countries about United States assistance and its
benefits to them, and informing such citizens of the
dangers of illegal migration to the United States.
(5) Annual progress updates.--Not later than 1 year
after the submission of the strategy required under
paragraph (1) and annually thereafter for 4 years, the
Secretary of State shall provide the appropriate
congressional committees with a written description of
progress made in meeting the benchmarks established in
the strategy.
(6) Public availability.--The strategy required under
paragraph (1) shall be made publicly available on the
website of the Department of State.
(c) Designation of a Senior Rule of Law Advisor for the
Northern Triangle in the Bureau of Western Hemisphere
Affairs.--The Secretary of State shall designate in the Bureau
of Western Hemisphere Affairs of the Department of State a
Senior Rule of Law Advisor for the Northern Triangle who shall
lead diplomatic engagement with the Northern Triangle countries
in support of democratic governance, anticorruption efforts,
and the rule of law in all aspects of United States policy
towards the countries of the Northern Triangle, including
carrying out the initiatives described in subsection (a) and
developing the strategy required under subsection (b). The
individual designated in accordance with this subsection shall
be a Department of State employee in the Bureau of Western
Hemisphere Affairs.
SEC. 1283. ACTIONS TO STRENGTHEN DEMOCRATIC INSTITUTIONS IN THE
NORTHERN TRIANGLE.
(a) Secretary of State Prioritization.--The Secretary of
State shall prioritize strengthening democratic institutions,
good governance, human rights, and the rule of law in the
Northern Triangle countries by carrying out the following
initiatives:
(1) Providing support to strengthen government
institutions and actors at the local and national
levels to provide services and respond to citizen needs
through transparent, inclusive, and democratic
processes.
(2) Supporting efforts to strengthen access to
information laws and reform laws that currently limit
access to information.
(3) Financing efforts to build the capacity of
independent media with a specific focus on professional
investigative journalism.
(4) Ensuring that threats and attacks on journalists
and human rights defenders are fully investigated and
perpetrators are held accountable.
(5) Developing the capacity of civil society to
conduct oversight and accountability mechanisms at the
national and local levels.
(6) Training political actors committed to democratic
principles.
(7) Strengthening electoral institutions and
processes to ensure free, fair, and transparent
elections.
(8) Advancing conservation principles and the rule of
law to address multiple factors, including the impacts
of illegal cattle ranching and smuggling as drivers of
deforestation.
(b) Strategy.--
(1) Elements.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State,
in coordination with the Administrator of the United
States Agency for International Development and the
heads of other relevant Federal agencies, shall submit
to the appropriate congressional committees a strategy
to support democratic governance in the Northern
Triangle countries by carrying out the initiatives
described in subsection (a).
(2) Consultation.--In developing the strategy
required under paragraph (1), the Secretary of State
shall consult with nongovernmental organizations in the
Northern Triangle countries and the United States.
(3) Benchmarks.--The strategy required under
paragraph (1) shall include annual benchmarks to track
the strategy's progress in curbing irregular migration
from the Northern Triangle to the United States.
(4) Public diplomacy.--The strategy required under
paragraph (1) shall include a public diplomacy strategy
for educating citizens of the Northern Triangle
countries about United States assistance and its
benefits to them, and informing such citizens of the
dangers of illegal migration to the United States.
(5) Annual progress updates.--Not later than 1 year
after the submission of the strategy required under
paragraph (1) and annually thereafter for 4 years, the
Secretary of State shall provide the appropriate
congressional committees with a written description of
progress made in meeting the benchmarks established in
the strategy.
(6) Public availability.--The strategy required under
paragraph (1) shall be made publicly available on the
website of the Department of State.
SEC. 1284. ACTIONS TO IMPROVE SECURITY CONDITIONS IN THE NORTHERN
TRIANGLE.
(a) Secretary of State Prioritization.--The Secretary of
State shall prioritize security in the Northern Triangle
countries by carrying out the following initiatives:
(1) Implementing the Central America Regional
Security Initiative of the Department of State.
(2) Continuing the vetting and professionalization of
security services, including the civilian police and
military units.
(3) Supporting efforts to combat the illicit
activities of criminal gangs and transnational criminal
organizations, including MS-13 and the 18th Street
Gang, through support to fully vetted elements of
attorneys general offices, appropriate government
institutions, and security services.
(4) Supporting training for fully vetted civilian
police and appropriate security services in criminal
investigations, best practices for citizen security,
and human rights.
(5) Providing capacity-building to relevant security
services and attorneys general to support
counternarcotics efforts and combat human trafficking,
forcible recruitment of children and youth by gangs,
gender-based violence, and other illicit activities,
including trafficking of wildlife, and natural
resources.
(6) Encouraging collaboration with regional and
international partners in implementing security
assistance, including by supporting cross-border
information sharing on gangs and transnational criminal
organizations.
(7) Providing equipment, technology, tools, and
training to security services to assist in border and
port inspections.
(8) Providing equipment, technology, tools, and
training to assist security services in
counternarcotics and other efforts to combat illicit
activities.
(9) Continuing information sharing regarding known or
suspected terrorists and other individuals and entities
that pose a potential threat to United States national
security that are crossing through or residing in the
Northern Triangle.
(10) Supporting information sharing on gangs and
transnational criminal organizations between relevant
Federal, State, and local law enforcement and the
governments of the Northern Triangle countries.
(11) Considering the use of assets and resources of
United States State and local government entities, as
appropriate, to support the activities described in
this subsection.
(12) Providing thorough end-use monitoring of
equipment, technology, tools, and training provided
pursuant to this subsection.
(b) Strategy.--
(1) Elements.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State,
in coordination with the Administrator of the United
States Agency for International Development and the
heads of other relevant Federal agencies, shall submit
to the appropriate congressional committees a 5-year
strategy to prioritize the improvement of security in
the Northern Triangle countries by carrying out the
initiatives described in subsection (a).
(2) Consultation.--In developing the strategy
required under paragraph (1), the Secretary of State
shall consult with nongovernmental organizations in the
Northern Triangle countries and the United States.
(3) Benchmarks.--The strategy required under
paragraph (1) shall include annual benchmarks to track
the strategy's progress in curbing irregular migration
from the Northern Triangle to the United States.
(4) Public diplomacy.--The strategy required under
paragraph (1) shall include a public diplomacy strategy
for educating citizens of the Northern Triangle
countries about United States assistance and its
benefits to them, and informing such citizens of the
dangers of illegal migration to the United States.
(5) Annual progress updates.--Not later than 1 year
after the submission of the strategy required under
paragraph (1) and annually thereafter for 4 years, the
Secretary of State shall provide the appropriate
congressional committees with a written description of
progress made in meeting the benchmarks established in
the strategy.
(6) Public availability.--The strategy required under
paragraph (1) shall be made publicly available on the
website of the Department of State.
(c) Women and Children Protection Compacts.--
(1) In general.--The President, in consultation with
the Secretary of State, the Administrator of the United
States Agency for International Development, and the
heads of other relevant Federal departments or
agencies, is authorized to enter into bilateral
agreements with one or more of the Governments of El
Salvador, Guatemala, or Honduras to provide United
States assistance for the purposes of--
(A) strengthening the capacity of the justice
systems in such countries to protect women and
children fleeing domestic, gang, or drug
violence and to serve victims of domestic
violence, sexual assault, trafficking, or child
abuse or neglect, including by strengthening
the capacity of such systems to hold
perpetrators accountable; and
(B) creating, securing, and sustaining safe
communities and schools in such countries, by
building on current approaches to prevent and
deter violence against women and children in
such communities or schools.
(2) Requirements.--An agreement under the authority
provided by paragraph (1)--
(A) shall establish a 3- to 6-year plan to
achieve the objectives described in
subparagraphs (A) and (B) of such paragraph;
(B) shall include measurable goals and
indicators with respect to such objectives;
(C) may not provide for any United States
assistance to be made available directly to any
of the governments of El Salvador, Guatemala,
or Honduras; and
(D) may be suspended or terminated with
respect to a country or an entity receiving
assistance pursuant to the agreement, if the
Secretary of State determines that such country
or entity has failed to make sufficient
progress towards the goals of the Compact.
SEC. 1285. TARGETED SANCTIONS TO FIGHT CORRUPTION IN THE NORTHERN
TRIANGLE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) corruption in the Northern Triangle countries by
private citizens and select officials in local,
regional, and Federal governments significantly damages
the economies of such countries and deprives citizens
of opportunities;
(2) corruption in the Northern Triangle is
facilitated and carried out not only by private
citizens and select officials from those countries but
also in many instances by individuals from third
countries; and
(3) imposing targeted sanctions on individuals from
throughout the world and particularly in the Western
Hemisphere who are engaged in acts of significant
corruption that impact the Northern Triangle countries
or obstruction of investigations into such acts of
corruption will benefit the citizens and governments of
such countries.
(b) Imposition of Sanctions.--The President shall impose the
sanctions described in subsection (c) with respect to a foreign
person who the President determines on or after the date of the
enactment of this Act to have knowingly engaged in significant
corruption or obstruction of investigations into such acts of
corruption in a Northern Triangle country, including the
following:
(1) Corruption related to government contracts.
(2) Bribery and extortion.
(3) The facilitation or transfer of the proceeds of
corruption, including through money laundering.
(4) Acts of violence, harassment, or intimidation
directed at governmental and non-governmental
corruption investigators.
(c) Sanctions Described.--
(1) In general.--The sanctions described in this
subsection are the following:
(A) Asset blocking.--The blocking, in
accordance with the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.),
of all transactions in all property and
interests in property of a foreign person 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) Ineligibility for visas and admission to
the united states.--In the case of a foreign
person who is an individual, such foreign
person is--
(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.).
(C) Current visas revoked.--
(i) In general.--The issuing consular
officer or the Secretary of State, (or
a designee of the Secretary of State)
shall, in accordance with section
221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)),
revoke any visa or other entry
documentation issued to a foreign
person regardless of when the visa or
other entry documentation is issued.
(ii) Effect of revocation.--A
revocation under clause (i) shall--
(I) take effect immediately;
and
(II) automatically cancel any
other valid visa or entry
documentation that is in the
foreign person's possession.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
a measure imposed pursuant to paragraph (1)(A) or any
regulation, license, or order issued to carry out such
paragraph shall be subject to the penalties specified
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 such
section.
(3) Exception to comply with international
obligations.--Sanctions under subparagraph (B) and (C)
of paragraph (1) shall not apply with respect to a
foreign person if admitting or paroling such person
into the United States is necessary to permit the
United States to comply with the Agreement regarding
the Headquarters of the United Nations, signed at Lake
Success June 26, 1947, and entered into force November
21, 1947, between the United Nations and the United
States, or other applicable international obligations.
(d) Implementation; Regulatory Authority.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C.
1702 and 1704) to carry out this section.
(2) Regulatory authority.--The President shall issue
such regulations, licenses, and orders as are necessary
to carry out this section.
(e) National Interest Waiver.--The President may waive the
application of the sanctions under subsection (c) if the
President--
(1) determines that such a waiver is in the national
interest of the United States; and
(2) submits to the appropriate congressional
committees a notice of and justification for the
waiver.
(f) Termination.--The authority to impose sanctions under
subsection (b), and any sanctions imposed pursuant to such
authority, shall expire on the date that is 3 years after the
date of the enactment of this Act.
(g) Exception Relating to Importation of Goods.--The
authorities and requirements to impose sanctions authorized
under this Act shall not include the authority or requirement
to impose sanctions on the importation of goods.
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the
Committee on the Judiciary, and the Committee
on Financial Services of the House of
Representatives; and
(B) the Committee on Foreign Relations, the
Committee on the Judiciary, and the Committee
on Banking, Housing, and Urban Affairs of the
Senate.
(2) Good.--The term ``good'' means any article,
natural or man-made substance, material, supply or
manufactured product, including inspection and test
equipment, and excluding technical data.
(3) Person from a northern triangle country.--The
term ``person from a Northern Triangle country''
means--
(A) a citizen of a Northern Triangle country;
or
(B) an entity organized under the laws of a
Northern Triangle country or any jurisdiction
within a Northern Triangle country.
SEC. 1286. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--Except as
otherwise provided, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
(2) Northern triangle.--The term ``Northern
Triangle'' means the region of Central America that
encompasses the countries of El Salvador, Guatemala,
and Honduras.
(3) Northern triangle countries.--The term ``Northern
Triangle countries'' means the countries of El
Salvador, Guatemala, and Honduras.
(4) Transnational criminal organization.--The term
``transnational criminal organization'' has the meaning
given the term ``significant transnational criminal
organization'' in Executive Order No. 13581 (July 24,
2011).
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124. An Amendment To Be Offered by Representative Engel of New York or
His Designee, Debatable for 10 Minutes
At the end of title XII, insert the following:
Subtitle __.--Additional Matters Relating to NATO Allies and Partners
SEC. 12__. FOREIGN MILITARY LOAN AUTHORITY.
(a) In General.--Beginning in fiscal year 2021, subject to
the notification requirements under subsection (b) and to the
availability of appropriations, the President, acting through
the Secretary of State, is authorized--
(1) to make direct loans under section 23 of the Arms
Export Control Act (22 U.S.C. 2763) to NATO member
countries that joined the alliance after March 1, 1999,
notwithstanding the minimum interest rate required by
subsection (c)(1) of such section; and
(2) to charge fees for such loans under paragraph
(1), which shall be collected from borrowers in
accordance with section 502(7) of the Congressional
Budget Act of 1974 and which may be used to cover the
costs of such loans as defined in section 502 of the
Congressional Budget Act of 1974.
(b) Notification.--A loan may not be made under the authority
provided by subsection (a) unless the Secretary of State
submits to the appropriate congressional committees a
certification, not fewer than 15 days before entering into an
agreement to make such loan, that--
(1) the recipient country is making demonstrable
progress toward meeting its defense spending
commitments in accordance with the 2014 NATO Wales
Summit Declaration; and
(2) the government of such recipient country is
respecting that country's constitution and upholds
democratic values such as freedom of religion, freedom
of speech, freedom of the press, the rule of law, and
the rights of religious minorities.
(c) Repayment.--A loan made under the authority provided by
subsection (a) shall be repaid in not more than 12 years, but
may include a grace period of up to 1 year on the repayment of
the principal.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(2) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
SEC. 12__. AUTHORIZATION OF REWARDS FOR PROVIDING INFORMATION ON
FOREIGN ELECTION INTERFERENCE.
Section 36 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2708) is amended--
(1) in subsection (a)(2), by inserting ``foreign
election interference,'' before ``transnational
organized crime'';
(2) in subsection (b)--
(A) in paragraph (5), by striking ``or (10)''
and inserting ``(10), or (13)'';
(B) in paragraph (11), by striking ``or''
after the semicolon at the end;
(C) in paragraph (12)--
(i) by striking ``sections'' and
inserting ``section'';
(ii) by striking ``or (b)(1)'' and
inserting ``or 2914(b)(1)''; and
(iii) by striking the period at the
end and inserting ``; or''; and
(D) by adding at the end the following new
paragraph:
``(13) the identification or location of a foreign
person that knowingly engaged or is engaging in foreign
election interference.''; and
(3) in subsection (k)--
(A) by redesignating paragraphs (3) through
(8) as paragraphs (5) through (10),
respectively;
(B) by inserting after paragraph (2) the
following new paragraphs:
``(3) Foreign person.--The term `foreign person'
means--
``(A) an individual who is not a United
States person; or
``(B) a foreign entity.
``(4) Foreign election interference.--The term
`foreign election interference' means conduct by a
foreign person that--
``(A)(i) violates Federal criminal, voting
rights, or campaign finance law; or
``(ii) is performed by any person acting as
an agent of or on behalf of a foreign
government or criminal enterprise; and
``(B) includes any covert, fraudulent,
deceptive, or unlawful act or attempted act, or
knowing use of information acquired by theft,
undertaken with the purpose or effect of
undermining public confidence in election
processes or institutions, or influencing,
undermining confidence in, or altering the
result or reported result of, a general or
primary Federal, State, or local election or
caucus, including--
``(i) the campaign of a candidate; or
``(ii) a ballot measure, including an
amendment, a bond issue, an initiative,
a recall, a referral, or a
referendum.''; and
(C) in paragraph (10), as so redesignated, in
subparagraph (A), by striking ``and'' after the
semicolon and inserting ``or''.
SEC. 12__. REPORT ON NATO MEMBER CONTRIBUTIONS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States Agency
for International Development, the Secretary of Defense, and
the Director of National Intelligence, shall submit to the
appropriate congressional committees a report, in classified
form but with an unclassified annex, that provides an
accounting in United States dollars and assesses the
contributions of NATO member countries to the security of the
alliance.
(b) Matters To Be Included.-- The report required by
subsection (a) shall also include the following with respect to
each member country:
(1) Data for the following categories from 2014
through 2019:
(A) Defense spending as a percentage of gross
domestic product (GDP).
(B) Year-to-year percent change in defense
spending as a percentage of GDP.
(C) Percentage of defense spending spent on
major equipment.
(D) Year-to-year percent change in equipment
spending as a percentage of defense spending.
(E) Total security assistance or equivalent
assistance to other NATO member countries or
members of the NATO Partnership for Peace
program.
(F) Total economic and development assistance
or equivalent assistance to critical NATO
partners, such as Ukraine, Georgia, Bosnia and
Herzegovina, Kosovo, Moldova, and others.
(2) Participation in or contributions to United
States or NATO-led missions, exercises, and combat and
non-combat operations since March 24, 1999, such as the
following:
(A) NATO's Enhanced Forward Presence.
(B) Global Coalition Against ISIS.
(C) NATO's Very High Readiness Joint Task
Force.
(D) Operations in Afghanistan.
(3) Efforts to improve domestic conditions to
facilitate military mobility in Europe, including
relevant infrastructure and legal and regulatory
conditions.
(4) Financial costs and benefits of the host
countries of United States forces in Europe, including
permanent basing.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(2) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.
SEC. 12__. REPORT ON CAPABILITY AND CAPACITY REQUIREMENTS OF MILITARY
FORCES OF UKRAINE AND RESOURCE PLAN FOR SECURITY
ASSISTANCE.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly submit a report to the
appropriate committees of Congress on the capability and
capacity requirements of the military forces of the Government
of Ukraine, which shall include the following:
(1) An identification of the capability gaps and
capacity shortfalls of the military of Ukraine,
including--
(A) an assessment of the requirements of the
Ukrainian navy to accomplish its assigned
missions; and
(B) an assessment of the requirements of the
Ukrainian air force to accomplish its assigned
missions.
(2) An assessment of the relative priority assigned
by the Government of Ukraine to addressing such
capability gaps and capacity shortfalls.
(3) An assessment of the capability gaps and capacity
shortfalls that--
(A) could be addressed in a sufficient and
timely manner by unilateral efforts of the
Government of Ukraine; or
(B) are unlikely to be addressed in a
sufficient and timely manner solely through
unilateral efforts.
(4) An assessment of the capability gaps and capacity
shortfalls described in paragraph (3)(B) that could be
addressed in a sufficient and timely manner by--
(A) the Ukraine Security Assistance
Initiative of the Department of Defense;
(B) Department of Defense security assistance
authorized by section 333 of title 10, United
States Code;
(C) the Foreign Military Financing and
Foreign Military Sales programs of the
Department of State; or
(D) the provision of excess defense articles
pursuant to the requirements of the Arms Export
Control Act (22 U.S.C. 2751 et seq.).
(5) An assessment of the human resource requirements
of the Office of Defense Cooperation at the United
States Embassy in Kyiv and any gaps in its capacity to
transmit and facilitate security assistance to Ukraine.
(6) Any recommendations the Secretaries deem
appropriate concerning coordination of security
assistance efforts of the Department of Defense and
Department of State with respect to Ukraine.
(b) Resource Plan.--Not later than February 15, 2022, the
Secretary of State and Secretary of Defense shall jointly
submit a report on resourcing United States security assistance
with respect to Ukraine, which shall include the following:
(1) A plan to resource the following initiatives and
programs with respect to Ukraine in fiscal year 2023
and the four succeeding fiscal years to meet the most
critical capability gaps and capacity shortfalls of the
military forces of Ukraine:
(A) The Ukraine Security Assistance
Initiative of the Department of Defense.
(B) Department of Defense security assistance
authorized by section 333 of title 10, United
States Code.
(C) The Foreign Military Financing and
Foreign Military Sales programs of the
Department of State.
(D) The provision of excess defense articles
pursuant to the requirements of the Arms Export
Control Act (22 U.S.C. 2751 et seq.).
(2) With respect to the Ukrainian navy:
(A) A capability development plan, with
milestones, describing the manner in which the
United States will assist the Government of
Ukraine in meeting the requirements described
in subsection (a)(1)(A).
(B) A plan for United States cooperation with
third countries and international organizations
that have the resources and ability to provide
immediate assistance to the Ukrainian navy,
while maintaining interoperability with United
States platforms to the greatest extent
feasible.
(C) A plan to prioritize Excess Defense
Articles for the Ukrainian navy to the maximum
extent practicable during the time period
described in paragraph (1).
(D) An assessment of how United States
security assistance to the Ukrainian navy is in
the national security interests of the United
States.
(3) With respect to the Ukrainian air force--
(A) a capability development plan, with
milestones, detailing how the United States
will assist the Government of Ukraine in
meeting the requirements described in
subsection (a)(1)(B);
(B) a plan for United States cooperation with
third countries and international organizations
that have the resources and ability to provide
immediate assistance to the Ukrainian air
force, while maintaining interoperability with
United States platforms to the greatest extent
feasible;
(C) a plan to prioritize excess defense
articles for the Ukraine air force to the
maximum extent practicable during the time
period described in paragraph (1);
(D) an assessment of how United States
security assistance to the Ukrainian air force
is in the national security interests of the
United States.
(4) An assessment of progress on defense
institutional reforms in Ukraine, including in the
Ukrainian navy and air force, in the time period
described in paragraph (1) that will be essential for--
(A) enabling effective use and sustainment of
capabilities developed under security
assistance authorities described in this
section;
(B) enhancing the defense of Ukraine's
sovereignty and territorial integrity;
(C) achieving the Government of Ukraine's
stated goal of meeting NATO standards; and
(D) allowing Ukraine to achieve its full
potential as a strategic partner of the United
States.
(c) Form.--The report required under subsection (a) and the
resource plan required under subsection (b) shall each be
submitted in a classified form with an unclassified summary.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Armed Services Committees of the Senate and
House of Representatives;
(2) the Foreign Relations Committee of the Senate and
the Foreign Affairs Committee of the House of
Representatives; and
(3) the Appropriations Committees of the Senate and
House of Representatives.
SEC. 12__. EFFORTS TO COUNTER MALIGN AUTHORITARIAN INFLUENCE.
(a) Sense of Congress on the Relationship Between Russia and
Serbia.--It is the sense of Congress that--
(1) the Government of Russia seeks to undermine the
security of the United States, its NATO allies, and
other close partners in Europe;
(2) the Government of Russia seeks to undermine the
legitimate interests of the United States, NATO, the
European Union, and other allied and partner
governments in strategically significant regions;
(3) the values of the Government of Russia are
inconsistent with the values of freedom, democracy,
free speech, free press, the respect for the rule of
law, and other ideals that underpin the international
rules-based order formed on the basis of Western
institutions including NATO and the European Union;
(4) the Government of Russia continues its campaign
to undermine and erode the values of NATO and the
European Union, institutions that Serbia claims to
strive to join;
(5) the Government of Serbia, particularly under the
leadership of President Alexander Vucic, has acted in
ways that do not comport with the values of the United
States, NATO, the European Union, and member countries
of each such organization;
(6) the Government of Serbia, particularly under the
leadership of President Alexander Vucic, has continued
to deepen its military ties and cooperation with the
Government of Russia;
(7) the United States Government should, in its
bilateral engagements with the Government of Serbia,
stress the importance of Serbia reducing its military
ties with Russia; and
(8) the Government of Serbia should be sanctioned
under appropriate authorities of the Countering
America's Adversaries Through Sanctions Act of 2017 if
its deepened military ties have facilitated
transactions between the Government of Serbia and the
Government of Russia that are deemed ``significant''
for purposes of such Act.
(b) Report on Malign Russian and Chinese Influence in
Serbia.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of State, in consultation with the
Secretary of Defense and the Administrator of the United States
Agency for International Development, shall submit to the
appropriate congressional committees an unclassified report,
which may contain a classified annex, assessing trends of
malign influence from the governments of Russia and China in
Serbia including with respect to the following:
(1) Corruption of political institutions and
political leaders in Serbia by Russia or China.
(2) The use of propaganda, disinformation, and other
information tools to promote stronger ties between
Serbia and Russia or China or to discourage Serbia from
advancing toward greater integration with Western
institutions like the European Union.
(3) The use of foreign assistance and associated
media messaging to influence public opinion in Serbia
with respect to Russia or China.
(4) The deepening of military-to-military cooperation
or cooperation in other national security and law
enforcement sectors between Serbia and Russia or China.
(5) The expansion of economic ties between Serbia and
Russia or China, especially in the energy, mining, and
industrial sectors.
(6) The use of religious or ethnic ties to deepen
relations between Serbia and Russia.
(c) Report on Potential CAATSA Violations.--Not later than 60
days after the date of the enactment of this Act, the Secretary
of State shall submit to the appropriate congressional
committees an unclassified report, which may contain a
classified annex, that lists each country that has taken
delivery of military equipment manufactured in Russia since the
enactment of the Countering America's Adversaries Through
Sanctions Act of 2017, and determines whether any transactions
described in the report constitute a significant transaction as
described in such Act, including countries that have--
(1) purchased of Russian equipment from the
Government of Russia;
(2) obtained Russian equipment provided by the
Government of Russia as aid, assistance, or for related
purposes; or
(3) obtained Russian equipment provided by the
Government of Russia as a gift.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(2) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.
----------
125. An Amendment To Be Offered by Representative Engel of New York or
His Designee, Debatable for 10 Minutes
Page 699, line 11, strike ``and''.
Page 699, line 13, insert ``and'' after the semicolon at the
end.
Page 699, after line 13, insert the following:
(C) in paragraph (2), by adding at the end
the following new subparagraphs:
``(G) A description of the entities with
which the recipients of support are engaged in
hostilities and whether each such entity is
covered under an authorization for use of
military force.
``(H) A description of the steps taken to
ensure the support is consistent with other
United States diplomatic and security
objectives, including issues related to local
political dynamics, civil-military relations,
and human rights.
``(I) A description of the steps taken to
ensure that the recipients of the support have
not engaged in human rights violations or
violations of the Geneva Conventions of 1949,
including vetting, training, and support for
adequately investigating allegations of
violations and removing support in case of
credible reports of violations.'';
Page 701, after line 13, insert the following:
(5) by striking subsection (g), as redesignated by
paragraph (3), and inserting the following new
subsection (g):
``(g) Construction of Authority.--Nothing in this section may
be construed to constitute authority to conduct or provide
statutory authorization for any of the following:
``(1) A covert action, as such term is defined in
section 503(e) of the National Security Act of 1947 (50
U.S.C. 3093(e)).
``(2) An introduction of the armed forces, (including
as such term is defined in section 8(c) of the War
Powers Resolution (50 U.S.C. 1547(c)), into
hostilities, or into situations where hostilities are
clearly indicated by the circumstances, without
specific statutory authorization within the meaning of
section 5(b) of such Resolution (50 U.S.C. 1544(b)).
``(3) The provision of support to regular forces,
irregular forces, groups, or individuals to conduct
operations that United States special operations forces
are not otherwise authorized to conduct.
``(4) Activities or support of activities, directly
or indirectly, that are inconsistent with the laws of
armed conflict.'';
----------
126. An Amendment To Be Offered by Representative Engel of New York or
His Designee, Debatable for 10 Minutes
At the end of title XII, add the following:
Subtitle H--Sudan Democratic Transition, Accountability, and Fiscal
Transparency Act of 2020
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the ``Sudan Democratic
Transition, Accountability, and Fiscal Transparency Act of
2020''.
SEC. 1282. DEFINITIONS.
Except as otherwise provided, in this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
(2) International financial institutions.--The term
``international financial institutions'' means--
(A) the International Monetary Fund;
(B) the International Bank for Reconstruction
and Development;
(C) the International Development
Association;
(D) the International Finance Corporation;
(E) the Inter-American Development Bank;
(F) the Asian Development Bank;
(G) the Inter-American Investment
Corporation;
(H) the African Development Bank;
(I) the European Bank for Reconstruction and
Development;
(J) the Multilateral Investment Guaranty
Agency; and
(K) any multilateral financial institution,
established after the date of enactment of this
Act, that could provide financial assistance to
the Government of Sudan.
(3) Sovereignty council.--The term ``Sovereignty
Council'' means the governing body of Sudan during the
transitional period that consists of--
(A) five civilians selected by the Forces of
Freedom and Change;
(B) five members selected by the Transitional
Military Council; and
(C) one member selected by agreement between
the Forces of Freedom and Change and the
Transitional Military Council.
(4) Sudanese security and intelligence services.--The
term ``Sudanese security and intelligence services''
means--
(A) the Sudan Armed Forces;
(B) the Rapid Support Forces,
(C) Sudan's Popular Defense Forces and other
paramilitary units;
(D) Sudan's police forces;
(E) the General Intelligence Service,
previously known as the National Intelligence
and Security Services; and
(F) related entities, such as Sudan's
Military Industry Corporation.
(5) Transitional period.--The term ``transitional
period'' means the 39-month period beginning on August
17, 2019, the date of the signing of Sudan's
constitutional charter, during which--
(A) the members of the Sovereignty Council
described in paragraph (3)(B) select a chair of
the Council for the first 21 months of the
period; and
(B) the members of the Sovereignty Council
described in paragraph (3)(A) select a chair of
the Council for the remaining 18 months of the
period.
SEC. 1283. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) support a civilian-led political transition in
Sudan that results in a democratic government, that is
accountable to its people, respects and promotes human
rights, is at peace internally and with its neighbors,
and can be a partner for regional stability;
(2) support the implementation of Sudan's
constitutional charter for the transitional period; and
(3) pursue a strategy of calibrated engagement with
Sudan that includes--
(A) facilitating an environment for free,
fair, and credible democratic elections and a
pluralistic and representative political
system;
(B) supporting reforms that improve
transparency and accountability, remove
restrictions on civil and political liberties,
and strengthen the protection of human rights,
including religious freedom;
(C) strengthening civilian institutions,
judicial independence, and the rule of law;
(D) empowering civil society and independent
media;
(E) promoting national reconciliation and
enabling a just, comprehensive, and sustainable
peace;
(F) promoting the role of women in
government, the economy, and society, in
recognition of the seminal role that women
played in the social movement that ousted
former president Omar al-Bashir;
(G) promoting accountability for genocide,
war crimes, crimes against humanity, and sexual
and gender-based violence;
(H) encouraging the development of civilian
oversight over and professionalization of the
Sudanese security and intelligence services and
strengthening accountability for human rights
violations and abuses, corruption, or other
abuses of power;
(I) promoting economic reform, private sector
engagement, and inclusive economic development
while combating corruption and illicit economic
activity, including that which involves the
Sudanese security and intelligence services;
(J) securing unfettered humanitarian access
across all regions of Sudan;
(K) supporting improved development outcomes,
domestic resource mobilization, and catalyzing
market-based solutions to improve access to
health, education, water and sanitation, and
livelihoods; and
(L) promoting responsible international and
regional engagement.
SEC. 1284. SUPPORT FOR DEMOCRATIC GOVERNANCE, RULE OF LAW, HUMAN
RIGHTS, AND FUNDAMENTAL FREEDOMS.
(a) Sense of Congress.--It is the sense of Congress that the
political transition in Sudan, following several months of
popular protests against the regime of Omar al-Bashir,
represents an opportunity for the United States to support
democracy, good governance, rule of law, human rights, and
fundamental freedoms in Sudan.
(b) In General.--Notwithstanding any other provision of law
(other than the Trafficking Victims Protection Act of 2000 or
the Child Soldiers Prevention Act of 2008), the President is
authorized to provide assistance under part I and chapter 4 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq. and 2346 et seq.) to--
(1) provide for democracy and governance programs
that strengthen and build the capacity of
representative civilian government institutions,
political parties, and civil society in Sudan;
(2) support the organization of free, fair, and
credible elections in Sudan;
(3) provide technical support for legal and policy
reforms that improve transparency and accountability
and protect human rights, including religious freedom,
and civil liberties in Sudan;
(4) support for human rights and fundamental
freedoms, including the freedoms of religion or belief;
expression, including for members of the press,
assembly; and association in Sudan;
(5) support measures to improve and increase women's
participation in the political, economic, and social
sectors of Sudan; and
(6) support other related democracy, good governance,
rule of law, and fundamental freedom programs and
activities.
(c) Authorization of Appropriations.--Of the funds authorized
to be appropriated to carry out part I and chapter 4 of part II
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.
and 2346 et seq.) for fiscal years 2021 and 2022, $20,000,000
is authorized to be appropriated for each such fiscal year to
carry out this section.
SEC. 1285. SUPPORT FOR DEVELOPMENT PROGRAMS.
(a) In General.--Notwithstanding any other provision of law
(other than the Trafficking Victims Protection Act of 2000 or
the Child Soldiers Prevention Act of 2008), the President is
authorized to provide assistance under part I and chapter 4 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq. and 2346 et seq.) for programs in Sudan to--
(1) increase agricultural and livestock productivity;
(2) promote economic growth, increase private sector
productivity and advance market-based solutions to
address development challenges;
(3) support women's economic empowerment and economic
opportunities for youth and previously marginalized
populations;
(4) improve equal access to quality basic education;
(5) support the capacity of universities to equip
students to participate in a pluralistic and global
society through virtual exchange and other programs;
(6) improve access to water, sanitation, and hygiene
projects;
(7) build the capacity of national and subnational
government officials to support the transparent
management of public resources, promote good governance
through combating corruption and improving
accountability, increase economic productivity, and
increase domestic resource mobilization; and
(8) support other related economic assistance
programs and activities.
(b) Authorization of Appropriations.--Of the funds authorized
to be appropriated to carry out part I and chapter 4 of part II
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.
and 2346 et seq.) for fiscal years 2021 and 2022, $80,000,000
is authorized to be appropriated, for each such fiscal year to
carry out this section.
SEC. 1286. SUPPORT FOR CONFLICT MITIGATION.
(a) In General.--Notwithstanding any other provision of law
(other than the Trafficking Victims Protection Act of 2000 or
the Child Soldiers Prevention Act of 2008), the President is
authorized to provide assistance under part I and chapters 4,
5, and 6 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq., 2346 et seq., and 2348 et seq.) to--
(1) support long-term peace and stability in Sudan by
promoting national reconciliation and enabling a just,
comprehensive, and sustainable peace, especially in
regions that have been underdeveloped or affected by
war, such as the states of Darfur, South Kordofan, Blue
Nile, Red Sea, and Kassala;
(2) support civil society and other organizations
working to address conflict prevention, mitigation, and
resolution mechanisms and people-to-people
reconciliation in Sudan, especially those addressing
issues of marginalization and vulnerable groups, equal
protection under the law, natural resource management,
compensation and restoration of property, voluntary
return, and sustainable solutions for displaced persons
and refugees;
(3) strengthen civilian oversight of the Sudanese
security and intelligence services and ensure that such
services are not contributing to the perpetuation of
conflict in Sudan and to the limitation of the civil
liberties of all people in Sudan;
(4) assist in the human rights vetting and
professional training of security force personnel due
to be employed or deployed by the Sudanese security and
intelligence services in regions that have been
underdeveloped or affected by war, such as the states
of Darfur, South Kordofan, Blue Nile, Red Sea, and
Kassala, including members of any security forces being
established pursuant to a peace agreement relating to
such regions;
(5) support provisions of the Comprehensive Peace
Agreement of 2005 and Abyei protocol, as appropriate,
unless otherwise superseded by a new agreement signed
in good faith--
(A) between stakeholders in this region and
the Governments of Sudan and South Sudan to
hold a free, fair, and credible referendum on
the status of Abyei; and
(B) between stakeholders in this region and
the Government of Sudan to support popular
consultations on the status of the states of
South Kordofan and Blue Nile; and
(6) support other related conflict mitigation
programs and activities.
(b) Authorization of Appropriations.--Of the funds authorized
to be appropriated to carry out part I and chapters 4 and 6 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq., 2346 et seq., and 2348 et seq.) for fiscal years 2021
and 2022, $20,000,000 is authorized to be appropriated for each
such fiscal year to carry out this section.
SEC. 1287. SUPPORT FOR ACCOUNTABILITY FOR WAR CRIMES, CRIMES AGAINST
HUMANITY, AND GENOCIDE IN SUDAN.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of State should conduct robust diplomatic engagement
to promote accountability and provide technical support to
ensure that credible, transparent, and independent
investigations of gross violations of human rights perpetrated
by the Government of Sudan under former President Omar al-
Bashir and the Transitional Military Council since June 30,
1989.
(b) In General.--Notwithstanding any other provision of law
(other than the Trafficking Victims Protection Act of 2000 or
the Child Soldiers Prevention Act of 2008), the President is
authorized to provide assistance under part I and chapter 4 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq. and 2346 et seq.) to--
(1) build the capacity of civilian investigators
within and outside of Sudan on how to document,
investigate, develop findings of, identify, and locate
those responsible for war crimes, crimes against
humanity, or genocide in Sudan;
(2) collect, document, and protect evidence of war
crimes, crimes against humanity, and genocide in Sudan
and preserve the chain of custody for such evidence,
including by providing support for Sudanese, foreign,
and international nongovernmental organizations, and
other entities engaged in such investigative
activities;
(3) build Sudan's judicial capacity to support
prosecutions in domestic courts and support
investigations by hybrid or international courts as
appropriate;
(4) protect witnesses who participate in court
proceedings or other transitional justice mechanisms;
and
(5) support other related conflict mitigation
programs and activities.
(c) Authorization of Appropriations.--Of the funds authorized
to be appropriated to carry out part I and chapter 4 of part II
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.
and 2346 et seq.), for fiscal years 2021 and 2022, $10,000,000
is authorized to be appropriated for each such fiscal year to
carry out this section.
SEC. 1288. SUSPENSION OF ASSISTANCE.
(a) In General.--The President is authorized to suspend the
provision of assistance authorized under section 1284, 1285,
1286, or 1287 to the Government of Sudan if the President
determines that conditions in Sudan or the composition of the
Government of Sudan changes such that it is no longer in the
United States national interest to continue to provide such
assistance.
(b) Report.--Not later than 30 days after making a
determination under subsection (a), the President shall submit
to the appropriate congressional committees a report that
describes--
(1) the political and security conditions in Sudan
that led to such determination; and
(2) any planned diplomatic engagement to restart the
provision of such assistance.
SEC. 1289. MULTILATERAL ASSISTANCE.
(a) Sense of the Congress.--It is the sense of the Congress
that--
(1) Sudan's economic challenges are a legacy of
decades of kleptocracy, economic mismanagement, and
war;
(2) Sudan's economic recovery will depend on--
(A) combating corruption and illicit economic
activity;
(B) ending internal conflicts in the states
of Darfur, South Kordofan, and Blue Nile; and
(C) promoting inclusive economic growth and
development; and
(3) the COVID-19 outbreak constitutes a grave danger
to Sudan's economic stability, public health, and food
security and jeopardizes the transition to a civilian-
led government that promotes the democratic aspirations
of the Sudanese people.
(b) Responding to the COVID-19 Outbreak.--During the
transitional period in Sudan, and notwithstanding any other
provision of law, the Secretary of the Treasury may instruct
the United States Executive Director at each international
financial institution to use the voice and vote of the United
States to support loans or other utilization of the funds of
the respective institution for Sudan for the purpose of
addressing basic human needs, responding to the COVID-19
outbreak and its impact on the country's economic stability, or
promoting democracy, governance, or public financial management
in Sudan.
(c) Debt Relief.--Upon the removal of Sudan from the State
Sponsors of Terrorism List, and once the Sovereignty Council is
chaired by a civilian leader, the Secretary of the Treasury and
the Secretary of State should engage with international
financial institutions and other bilateral official creditors
to advance agreement through the Heavily Indebted Poor
Countries (HIPC) Initiative to restructure, reschedule, or
cancel the sovereign debt of Sudan.
(d) Reporting Requirement.--Not later than 3 months after the
date of the enactment of this Act, and not less than every 6
months thereafter during the transitional period, the Secretary
of the Treasury, in consultation with the Secretary of State,
shall report to the appropriate congressional committees on the
extent to which the transitional government of Sudan has taken
demonstrable steps to strengthen governance and improve fiscal
transparency, including--
(1) establishing civilian control over the finances
and assets of the Sudanese security and intelligence
services;
(2) developing a transparent budget that accounts for
all expenditures related to the security and
intelligence services;
(3) identifying the shareholdings in all public and
private companies not exclusively dedicated to the
national defense held or managed by the security and
intelligence services, and publicly disclosing,
evaluating, and transferring all such shareholdings to
the Ministry of Finance of the Government of Sudan or
to any specialized entity of the Government of Sudan
established under law for this purpose, which is
ultimately accountable to a civilian authority;
(4) ceasing the involvement of the security and
intelligence services officials, adn their immediate
family members, in the illicit trade in mineral
resources, including petroleum and gold;
(5) implementing a publicly transparent methodology
for the Government of Sudan to recover, evaluate, hold,
manage, or divest any state assets and the profits
derived from the assets that may have been transferred
to the National Congress Party, an affiliate of the
National Congress Party, or an official of the National
Congress Party in the individual capacity of such an
official;
(6) identifying and monitoring the nature and purpose
of offshore financial resources controlled by the
security and intelligence services; and
(7) strengthening banking regulation and supervision
and addressing anti-money laundering and counter-
terrorism financing deficiencies.
(e) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Financial Services, the
Committee on Foreign Affairs, and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the
Committee on Appropriations of the United States
Senate.
SEC. 1290. COORDINATED SUPPORT TO RECOVER ASSETS STOLEN FROM THE
SUDANESE PEOPLE.
The Secretary of State, in coordination with the Secretary of
the Treasury and the Attorney General, shall seek to advance
the efforts of the Government of Sudan to recover assets stolen
from the Sudanese people, including with regard to
international efforts to--
(1) identify and track assets taken from the people
and institutions of Sudan through theft, corruption,
money laundering, or other illicit means; and
(2) with respect to assets identified pursuant to
paragraph (1), work with foreign governments and
international organizations to--
(A) share financial investigations
intelligence, as appropriate;
(B) oversee and manage the assets identified
pursuant to paragraph (1);
(C) as appropriate, advance, advance civil
forfeiture litigation, including providing
technical assistance to help governments
establish the necessary legal framework to
carry out asset forfeitures; and
(D) work with the Government of Sudan to
ensure that a credible mechanism is established
to ensure that any recovered assets are managed
in a transparent and accountable fashion and
ultimately used for the benefit of the Sudanese
people, provided that--
(i) returned assets are not used for
partisan political purposes; and
(ii) there are robust financial
management and oversight measures to
safeguard repatriated assets.
SEC. 1291. LIMITATION ON ASSISTANCE TO THE SUDANESE SECURITY AND
INTELLIGENCE SERVICES.
(a) In General.--The President may not provide assistance
(other than assistance authorized under section 1286) to the
Sudanese security and intelligence services until the President
submits to Congress a certification that the Government of
Sudan has met the conditions described in subsection (c).
(b) Exception; Waiver.--
(1) Exception.--The Secretary of State may, as
appropriate and notwithstanding any other provision of
law, provide assistance for the purpose of
professionalizing the Sudanese security and
intelligence services, through institutions such as the
Africa Center for Strategic Studies and the United
States Institute of Peace.
(2) Waiver.--The President may waive the limitation
on the provision of assistance under subsection (a) if,
not later than 30 days before the assistance is to be
provided, the President submits to the appropriate
congressional committees--
(A) a list of the activities and participants
to which such waiver would apply;
(B) a justification that the waiver is in the
national security interest of the United
States; and
(C) a certification that the participants
have met the requirements of either section
620M of the Foreign Assistance Act of 1961 (22
U.S.C. 2378d) for programs funded through
Department of State appropriations or section
362 of title 10, United States Code, for
programs funded through Department of Defense
appropriations.
(c) Conditions.--
(1) In general.--The conditions described in this
subsection are that the Sudanese security and
intelligence services--
(A) have demonstrated progress in undertaking
security sector reform, including reforms that
professionalize such security and intelligence
services, improve transparency, and reforms to
the laws governing the security forces, such as
of the National Security Act of 2010 and the
Sudan Armed Forces Act of 2007;
(B) support efforts to respect human rights,
including religious freedom, and hold
accountable any members of such security and
intelligence services responsible for human
rights violations and abuses, including by
taking demonstrable steps to cooperate with
local or international mechanisms of
accountability, to ensure that those
responsible for war crimes, crimes against
humanity, and genocide committed in Sudan are
brought to justice;
(C) are under civilian oversight, subject to
the rule of law, and are not undertaking
actions to undermine a civilian-led
transitional government or an elected civilian
government;
(D) have refrained from targeted attacks
against religious or ethnic minority groups,
have negotiated in good faith during the peace
process and constructively participated in the
implementation of any resulting peace
agreements, and do not impede inclusive
political participation;
(E) allow unfettered humanitarian access by
United Nations organizations and specialized
agencies and domestic and international
humanitarian organizations to civilian
populations in conflict-affected areas;
(F) cooperate with the United Nations High
Commissioner for Refugees and organizations
affiliated with the United Nations to allow for
the protection of displaced persons and the
safe, voluntary, sustainable, and dignified
return of refugees and internally displaced
persons; and
(G) take constructive steps to investigate
all reports of unlawful recruitment of children
by Sudanese security forces and prosecute those
found to be responsible.
(2) Form.--The certification described in subsection
(a) containing the conditions described in paragraph
(1) shall be submitted in unclassified form but may
include a classified annex.
(d) Sunset.--This section shall terminate on the date that is
the earlier of--
(1) the date that is two years after the date of the
enactment of this Act; or
(2) the date on which the President determines that a
successful rotation of military to civilian leadership
in the Sovereignty Council has occurred.
SEC. 1292. AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH RESPECT TO
CERTAIN GOVERNMENT OF SUDAN OFFICIALS AND OTHER
INDIVIDUALS.
(a) In General.--The President shall impose the sanctions
described in subsection (b) with respect to any senior official
of the Government of Sudan and any other foreign person that
the President determines, on or after the date of enactment of
this Act--
(1) is knowingly responsible for, complicit in, or
has directly or indirectly engaged in--
(A) significant actions or policies that
threaten the peace, security, or stability of
Sudan, including through the use of armed
groups;
(B) significant actions or policies that
obstruct, undermine, delay, or impede, or pose
a significant risk of obstructing, undermining,
delaying, or impeding, the civil and political
rights of the Sudanese people and the political
transition in Sudan;
(C) corruption, including the
misappropriation of state assets, the
expropriation of private assets for personal
gain, corruption related to government
contracts or the extraction of natural
resources, or bribery;
(D) serious human rights abuses that may
include the targeting of civilians through the
commission of acts of violence, abduction,
forced displacement, or attacks on schools,
hospitals, religious sites, or locations where
civilians are seeking refuge, or a violation of
international humanitarian law; or
(E) illicit exploitation of natural resources
in Sudan;
(2) is a leader of an entity that has, or whose
members have, engaged in any activity described in
subparagraphs (A) through (E) of paragraph (1);
(3) has materially assisted, sponsored, or provided
financial, material, logistical, or technological
support for, or goods or services to or in support of--
(A) any activity described in paragraph (1);
or
(B) any person whose property and interests
in property are blocked pursuant to Executive
Order 13400 (2006); or
(4) is owned or controlled by, or has acted or
purported to act for or on behalf of, any other person
whose property and interests in property are blocked
pursuant to--
(A) subsection (b)(1); or
(B) Executive Order 13400 (2006).
(b) Sanctions Described.--The sanctions to be imposed with
respect to any foreign person described in subsection (a) are
the following:
(1) Blocking of property.--The President shall
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 the foreign person if such
property and interests in property--
(A) are in the United States;
(B) come within the United States; or
(C) come within the possession or control of
a United States person.
(2) Inadmissibility for visas, admission, or
parole.--
(A) Visas, admission, or parole.--The foreign
person is--
(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.--The visa or other
entry documentation of the foreign person shall
be revoked, regardless of when such visa or
other entry documentation is or was issued. A
revocation under this subparagraph shall take
effect immediately and automatically cancel any
other valid visa or entry documentation that is
in the foreign person's possession.
(c) Exceptions To Comply With United Nations Headquarters
Agreement.--Sanctions under subsection (b)(2) shall not apply
with respect to a foreign person described in subsection (a) if
admitting or paroling the foreign person into the United States
is necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
(d) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C.
1702 and 1704) to carry out this section and shall
issue such regulations, licenses, and orders as are
necessary to carry out this section.
(2) Penalties.--Any person that violates, attempts to
violate, conspires to violate, or causes a violation of
this section or any regulation, license, or order
issued to carry out paragraph (1) 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) Waiver.--The President may waive the application of
sanctions imposed with respect to a foreign person pursuant to
subsection (a) if the President--
(1) determines that a waiver is in the national
interest of the United States; and
(2) not later than the date on which such waiver will
take effect, submits a notice of and justification for
such waiver to the appropriate congressional
committees.
(f) Termination of Authority To Impose Sanctions.--The
authority to impose sanctions under this section shall
terminate on the date that is the earlier of 3 years after the
date of the enactment of this Act or the date on which the
President determines and certifies to the appropriate
congressional committees that the Government of Sudan--
(1) has held free, fair, and credible general
elections in accordance with the 2019 constitutional
charter for the transitional period and a
democratically elected head of state has been sworn in
and taken office;
(2) is making significant progress towards respecting
the freedoms of religion, speech, press, assembly, and
association as described in the 2019 constitutional
charter for the transitional period and toward holding
free, fair, and credible elections by the end of the
transitional period;
(3) is compliant with international norms and
standards concerning the transparent allocation and
disbursement of government directed funds;
(4) respects the right to freedom of religion,
speech, press, assembly, and association for all
Sudanese citizens;
(5) has ceased attacks on civilians, including
through the use of militias;
(6) has negotiated in good faith to reach formal
peace agreements with armed movements that had been in
conflict with the Government of Sudan; and
(7) has ceased any material support or assistance to
groups associated or linked to international terrorism.
(g) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to
impose sanctions authorized under this section shall
not include the authority or requirement to impose
sanctions on the importation of goods.
(2) Good defined.--In this subsection, the term
``good'' means any article, natural or man-made
substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.
(h) Exceptions to Comply With National Security.--The
following activities shall be exempt from sanctions under this
section:
(1) Activities subject to the reporting requirements
under title V of the National Security Act of 1947 (50
U.S.C. 3091 et seq.).
(2) Any authorized intelligence or law enforcement
activities of the United States.
(i) Definitions.--In this section:
(1) Admitted; alien.--The terms ``admitted'' and
``alien'' have the meanings given those terms in
section 101 of the Immigration and Nationality Act (8
U.S.C. 1001).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the
Committee on Appropriations, and the Committee
on Financial Services of the House of
Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Appropriations, and the Committee
on Banking, Housing, and Urban Affairs of the
Senate.
(3) Foreign person.--The term ``foreign person''
means a person that is not a United States person.
(4) Knowingly.--The term ``knowingly'' means, with
respect to conduct, a circumstance, or a result, that a
person has actual knowledge, or should have known, of
the conduct, the circumstance, or the result.
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen, an alien
lawfully admitted for permanent residence to
the United States, or any other individual
subject to the jurisdiction of the United
States;
(B) an entity organized under the laws of the
United States or of any jurisdiction within the
United States, including a foreign branch of
such entity; or
(C) any person in the United States.
SEC. 1293. REPORTS.
(a) Report on Accountability for Human Rights Abuses.--Not
later than 180 days after the date of the enactment of this
Act, and annually thereafter for two years, the President shall
submit to the appropriate congressional committees a report
that--
(1) summarizes reports of gross violations of human
rights, including sexual and gender-based violence,
committed against civilians in Sudan, including members
of the Sudanese security and intelligence services or
any associated militias, between December 2018 and the
date of the submission of the report;
(2) provides an update on any potential transitional
justice mechanisms in Sudan to investigate, charge, and
prosecute alleged perpetrators of gross violations of
human rights in Sudan since June 30, 1989, including
with respect to the June 3, 2019 massacre in Khartoum;
(3) provides an analysis of whether the gross
violations of human rights summarized pursuant to
paragraph (1) amount to war crimes, crimes against
humanity, or genocide; and
(4) identifies specific cases since the beginning of
the transitional period in which members of the
Sudanese security and intelligence services have been
charged and prosecuted for actions that constitute
gross violations of human rights perpetrated since June
30, 1989.
(b) Report on Certain Activities and Finances of Senior
Officials of the Government of Sudan.--Not later than 180 days
after the date of the enactment of this Act, and annually
thereafter for one year, the President shall submit to the
appropriate congressional committees a report that--
(1) describes the actions and involvement of any
previous or current senior officials of the Government
of Sudan since the establishment of the transitional
government in August 2019 in--
(A) directing, carrying out, or overseeing
gross violations of human rights;
(B) directing, carrying out, or overseeing
the unlawful use or recruitment of children by
armed groups or armed forces in the context of
conflicts in Sudan, Libya, Yemen, or other
countries;
(C) directing, carrying out, or colluding in
significant acts of corruption;
(D) directing, carrying out, or overseeing
any efforts to circumvent the establishment of
civilian control over the finances and assets
of the Sudanese security and intelligence
services; or
(E) facilitating, supporting, or financing
terrorist activity in Sudan or other countries;
(2) identifies Sudanese and foreign financial
institutions, including offshore financial
institutions, in which senior officials of the
Government of Sudan whose actions are described in
paragraph (1) hold significant assets, and provides an
estimate of the value of such assets;
(3) identifies any information United States
Government agencies have obtained since August 2019
regarding persons, foreign governments, and Sudanese or
foreign financial institutions that knowingly
facilitate, finance, or otherwise benefit from
corruption or illicit economic activity in Sudan,
including the export of mineral resources, and, in
particular, if that trade is violating any United
States restrictions that remain in place by legislation
or executive order;
(4) identifies any information United States
Government agencies have obtained since August 2019
regarding senior officials of the Government of Sudan
who are personally involved in the illicit trade in
mineral resources, including petroleum and gold; and
(5) identifies any information United States
Government agencies have obtained since August 2019
regarding individuals or foreign governments that have
provided funds to individual members of the Sovereignty
Council or the Cabinet outside of the Central Bank of
Sudan or the Ministry of Finance.
(c) Report on Sanctions Pursuant to Executive Order 13400.--
Not later than 180 days after the date of the enactment of this
Act, the President shall submit to the appropriate
congressional committees a report containing the names of
senior Sudanese government officials that President determines
meet the criteria to be sanctionable pursuant to Executive
Order 13400 (71 Fed. Reg. 25483; relating to blocking property
of persons in connection with the conflict in Sudan's Darfur
region).
(d) Form.--The reports required under subsections (b) and (c)
shall be submitted in unclassified form but may include a
classified annex.
SEC. 1294. UNITED STATES STRATEGY FOR SUPPORT TO A CIVILIAN-LED
GOVERNMENT IN SUDAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States Agency
for International Development and the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a strategy that includes--
(1) a clear articulation of specific United States
goals and objectives with respect to a successful
completion of the transitional period and a plan to
achieve such goals and objectives;
(2) a description of assistance and diplomatic
engagement to support a civilian-led government in
Sudan for the remainder of the transitional period,
including any possible support for the organization of
free, fair, and credible elections;
(3) an assessment of the legal and policy reforms
that have been and need to be taken by the government
in Sudan during the transitional period in order to
promote--
(A) human rights;
(B) freedom of religion, speech, press,
assembly, and association; and
(C) accountability for human rights abuses,
including for sexual and gender-based violence
perpetrated by members of the Sudanese security
and intelligence services;
(4) a description of efforts to address the legal and
policy reforms mentioned in paragraph (3);
(5) a description of humanitarian and development
assistance to Sudan and a plan for coordinating such
assistance with international donors, regional
partners, and local partners;
(6) a description of monitoring and evaluation plans
for all forms of assistance to be provided under the
strategy in accordance with the monitoring and
evaluation requirements of section 4 of the Foreign Aid
Transparency and Accountability Act of 2016 (Public Law
114-191), to include a detailed description of all
associated goals and benchmarks for measuring impact;
and
(7) an assessment of security sector reforms
undertaken by the Government of Sudan, including
efforts to demobilize or integrate militias and to
foster civilian control of the armed services.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of State, in coordination
with the Administrator of the United States Agency for
International Development and the Secretary of the Treasury,
shall submit to the appropriate congressional committees a
report that includes--
(1) a detailed description of the efforts taken to
implement this subtitle; and
(2) recommendations for legislative or administrative
measures to facilitate the implementation of this
subtitle.
SEC. 1295. AMENDMENTS TO THE DARFUR PEACE AND ACCOUNTABILITY ACT OF
2006.
Section 8(c)(1) of the Darfur Peace and Accountability Act of
2006 (Public Law 109-344; 50 U.S.C. 1701 note) is amended by
striking ``Southern Sudan,'' and all that following through
``Khartoum,'' and inserting ``Sudan''.
SEC. 1296. REPEAL OF SUDAN PEACE ACT AND THE COMPREHENSIVE PEACE IN
SUDAN ACT.
(a) Sudan Peace Act.--Effective January 1, 2020, the Sudan
Peace Act (Public Law 107-245; 50 U.S.C. 1701 note) is
repealed.
(b) Comprehensive Peace in Sudan Act.--Effective January 1,
2020, the Comprehensive Peace in Sudan Act of 2004 (Public Law
108-497; 50 U.S.C. note) is repealed.
----------
127. An Amendment To Be Offered by Representative Engel of New York or
His Designee, Debatable for 10 Minutes
Add at the end of the bill the following:
DIVISION E--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Department of State
Authorization Act of 2020''.
TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
SEC. 5101. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT OF STATE'S
WORK.
It is the sense of Congress that--
(1) United States global engagement is key to a
stable and prosperous world;
(2) United States leadership is indispensable in
light of the many complex and interconnected threats
facing the United States and the world;
(3) diplomacy and development are critical tools of
national power, and full deployment of these tools is
vital to United States national security;
(4) challenges such as the global refugee and
migration crises, terrorism, historic famine and food
insecurity, and fragile or repressive societies cannot
be addressed without sustained and robust United States
diplomatic and development leadership;
(5) the United States Government must use all of the
instruments of national security and foreign policy at
its disposal to protect United States citizens, promote
United States interests and values, and support global
stability and prosperity;
(6) United States security and prosperity depend on
having partners and allies that share our interests and
values, and these partnerships are nurtured and our
shared interests and values are promoted through United
States diplomatic engagement, security cooperation,
economic statecraft, and assistance that helps further
economic development, good governance, including the
rule of law and democratic institutions, and the
development of shared responses to natural and
humanitarian disasters;
(7) as the United States Government agencies
primarily charged with conducting diplomacy and
development, the Department and the United States
Agency for International Development (USAID) require
sustained and robust funding to carry out this
important work, which is essential to our ability to
project United States leadership and values and to
advance the United States interests around the world;
(8) the work of the Department and USAID makes the
United States and the world safer and more prosperous
by alleviating global poverty and hunger, fighting HIV/
AIDS and other infectious diseases, strengthening
alliances, expanding educational opportunities for
women and girls, promoting good governance and
democracy, supporting anti-corruption efforts, driving
economic development and trade, preventing armed
conflicts and humanitarian crises, and creating
American jobs and export opportunities;
(9) the Department and USAID are vital national
security agencies, whose work is critical to the
projection of United States power and leadership
worldwide, and without which Americans would be less
safe, our economic power would be diminished, and
global stability and prosperity would suffer;
(10) investing in diplomacy and development before
conflicts break out saves American lives while also
being cost-effective; and
(11) the contributions of personnel working at the
Department and USAID are extraordinarily valuable and
allow the United States to maintain its leadership
around the world.
SEC. 5102. BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR.
Paragraph (2) of section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) in subparagraph (A), by adding at the end the
following new sentence: ``All special envoys,
ambassadors, and coordinators located within the Bureau
of Democracy, Human Rights, and Labor shall report
directly to the Assistant Secretary.'';
(2) in subparagraph (B)(ii)--
(A) by striking ``section'' and inserting
``sections 116 and''; and
(B) by inserting before the period at the end
the following: ``(commonly referred to as the
annual `Country Reports on Human Rights
Practices')''; and
(3) by adding at the end the following new
subparagraphs:
``(C) Authorities.--In addition to the
duties, functions, and responsibilities
specified in this paragraph, the Assistant
Secretary of State for Democracy, Human Rights,
and Labor is authorized to--
``(i) promote democracy and actively
support human rights throughout the
world;
``(ii) promote the rule of law and
good governance throughout the world;
``(iii) strengthen, empower, and
protect civil society representatives,
programs, and organizations, and
facilitate their ability to engage in
dialogue with governments and other
civil society entities;
``(iv) work with regional bureaus to
ensure adequate personnel at diplomatic
posts are assigned responsibilities
relating to advancing democracy, human
rights, labor rights, women's equal
participation in society, and the rule
of law, with particular attention paid
to adequate oversight and engagement on
such issues by senior officials at such
posts;
``(v) review and, as appropriate,
make recommendations to the Secretary
of State regarding the proposed
transfer of--
``(I) defense articles and
defense services authorized
under the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et
seq.) or the Arms Export
Control Act (22 U.S.C. 2751 et
seq.); and
``(II) military items listed
on the `600 series' of the
Commerce Control List contained
in Supplement No. 1 to part 774
of subtitle B of title 15, Code
of Federal Regulations;
``(vi) coordinate programs and
activities that protect and advance the
exercise of human rights and internet
freedom in cyberspace; and
``(vii) implement other relevant
policies and provisions of law.
``(D) Efficiency.--The Assistant Secretary
for Democracy, Human Rights, and Labor shall
take whatever actions may be necessary to
minimize the duplication of efforts within the
Bureau of Democracy, Human Rights, and Labor.
``(E) Local oversight.--United States
missions, to the extent practicable, should
assist in exercising oversight authority and
coordinate with the Bureau of Democracy, Human
Rights, and Labor to ensure that funds are
appropriately used and comply with anti-
corruption practices.''.
SEC. 5103. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS AND LAW
ENFORCEMENT AFFAIRS.
(a) In General.--Section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended--
(1) by redesignating paragraph (3) as paragraph (4);
and
(2) by inserting after paragraph (2) the following
new paragraph:
``(3) Assistant secretary for international narcotics
and law enforcement affairs.--
``(A) In general.--There is authorized to be
in the Department of State an Assistant
Secretary for International Narcotics and Law
Enforcement Affairs, who shall be responsible
to the Secretary of State for all matters,
programs, and related activities pertaining to
international narcotics, anti-crime, and law
enforcement affairs in the conduct of foreign
policy by the Department, including, as
appropriate, leading the coordination of
programs carried out by United States
Government agencies abroad, and such other
related duties as the Secretary may from time
to time designate.
``(B) Areas of responsibility.--The Assistant
Secretary for International Narcotics and Law
Enforcement Affairs shall maintain continuous
observation and coordination of all matters
pertaining to international narcotics, anti-
crime, and law enforcement affairs in the
conduct of foreign policy, including programs
carried out by other United States Government
agencies when such programs pertain to the
following matters:
``(i) Combating international
narcotics production and trafficking.
``(ii) Strengthening foreign justice
systems, including judicial and
prosecutorial capacity, appeals
systems, law enforcement agencies,
prison systems, and the sharing of
recovered assets.
``(iii) Training and equipping
foreign police, border control, other
government officials, and other
civilian law enforcement authorities
for anti-crime purposes, including
ensuring that no foreign security unit
or member of such unit shall receive
such assistance from the United States
Government absent appropriate vetting.
``(iv) Ensuring the inclusion of
human rights and women's participation
issues in law enforcement programs, in
consultation with the Assistant
Secretary for Democracy, Human Rights,
and Labor, and other senior officials
in regional and thematic bureaus and
offices.
``(v) Combating, in conjunction with
other relevant bureaus of the
Department, all forms of transnational
organized crime, including illicit
trafficking in human beings, arms,
wildlife, and cultural property,
migrant smuggling, corruption, money
laundering, the illicit smuggling of
bulk cash, the licit use of financial
systems for malign purposes, and other
new and emerging forms of crime.
``(vi) Identifying and responding to
global corruption, including
strengthening the capacity of foreign
government institutions responsible for
addressing financial crimes and
engaging with multilateral
organizations responsible for
monitoring and supporting foreign
governments' anti-corruption efforts.
``(C) Additional duties.--In addition to the
responsibilities specified in subparagraph (B),
the Assistant Secretary for International
Narcotics and Law Enforcement Affairs shall
also--
``(i) carry out timely and
substantive consultation with chiefs of
mission and, as appropriate, the heads
of other United States Government
agencies to ensure effective
coordination of all international
narcotics and law enforcement programs
carried out overseas by the Department
and such other agencies;
``(ii) coordinate with the Office of
National Drug Control Policy to ensure
lessons learned from other United
States Government agencies are
available to the Bureau of
International Narcotics and Law
Enforcement Affairs of the Department;
``(iii) develop standard requirements
for monitoring and evaluation of Bureau
programs, including metrics for success
that do not rely solely on the amounts
of illegal drugs that are produced or
seized;
``(iv) in coordination with the
Secretary of State, annually certify in
writing to the Committee on Foreign
Affairs of the House of Representatives
and the Committee on Foreign Relations
of the Senate that United States law
enforcement personnel posted abroad
whose activities are funded to any
extent by the Bureau of International
Narcotics and Law Enforcement Affairs
are complying with section 207 of the
Foreign Service Act of 1980 (22 U.S.C.
3927); and
``(v) carry out such other relevant
duties as the Secretary may assign.''.
(b) Modification of Annual International Narcotics Control
Strategy Report.--Subsection (a) of section 489 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291h) is amended by
inserting after paragraph (8) the following new paragraph:
``(9) A separate section that contains an
identification of all United States Government-
supported units funded by the Bureau of International
Narcotics and Law Enforcement Affairs and any Bureau-
funded operations by such units in which United States
law enforcement personnel have been physically
present.''.
SEC. 5104. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION, REFUGEES,
AND MIGRATION.
Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) as subsection
(i); and
(2) by inserting after subsection (f) the following
new subsections:
``(g) Bureau of Consular Affairs.--There is in the Department
of State the Bureau of Consular Affairs, which shall be headed
by the Assistant Secretary of State for Consular Affairs.
``(h) Bureau of Population, Refugees, and Migration.--There
is in the Department of State the Bureau of Population,
Refugees, and Migration, which shall be headed by the Assistant
Secretary of State for Population, Refugees, and Migration.''.
SEC. 5105. OFFICE OF INTERNATIONAL DISABILITY RIGHTS.
(a) Establishment.--There should be established in the
Department an Office of International Disability Rights
(referred to in this section as the ``Office'').
(b) Duties.--The Office should--
(1) seek to ensure that all United States foreign
operations are accessible to, and inclusive of, persons
with disabilities;
(2) promote the human rights and full participation
in international development activities of all persons
with disabilities;
(3) promote disability inclusive practices and the
training of Department staff on soliciting quality
programs that are fully inclusive of people with
disabilities;
(4) represent the United States in diplomatic and
multilateral fora on matters relevant to the rights of
persons with disabilities, and work to raise the
profile of disability across a broader range of
organizations contributing to international development
efforts;
(5) conduct regular consultation with civil society
organizations working to advance international
disability rights and empower persons with disabilities
internationally;
(6) consult with other relevant offices at the
Department that are responsible for drafting annual
reports documenting progress on human rights,
including, wherever applicable, references to instances
of discrimination, prejudice, or abuses of persons with
disabilities; and
(7) advise the Bureau of Human Resources Development
of the Department regarding the hiring and recruitment
and overseas practices of civil service employees and
Foreign Service officers with disabilities and their
family members with chronic medical conditions or
disabilities.
(c) Supervision.--The Office may be headed by--
(1) a senior advisor to the appropriate Assistant
Secretary; or
(2) an officer exercising significant authority who
reports to the President or Secretary, appointed by and
with the advice and consent of the Senate.
(d) Consultation.--The Secretary should direct Ambassadors at
Large, Representatives, Special Envoys, and coordinators
working on human rights to consult with the Office to promote
the human rights and full participation in international
development activities of all persons with disabilities.
SEC. 5106. OFFICE OF GLOBAL WOMEN'S ISSUES.
(a) In General.--There should be established an Office of
Global Women's Issues (referred to in this section as the
``Office''), which may be placed within the organizational
structure of the Department at the discretion of the Secretary.
(b) Purpose.--The Office should coordinate efforts of the
United States Government, as directed by the Secretary,
regarding gender equality and advancing the status of women and
girls in United States foreign policy.
(c) Duties.--The Office should--
(1) serve as the principal advisor to the Secretary
regarding gender equality, women's and girls'
empowerment, and violence against women and girls as a
priority of United States foreign policy;
(2) represent the United States in diplomatic and
multilateral fora on matters relevant to the status of
women and girls;
(3) advise the Secretary and provide input on all
activities, policies, programs, and funding relating to
gender equality and the advancement of women and girls
internationally for all bureaus and offices of the
Department and in the international programs of all
other Federal agencies;
(4) work to ensure that efforts to advance gender
equality and women's and girls' empowerment are fully
integrated into the programs, structures, processes,
and capacities of all bureaus and offices of the
Department and in the international programs of other
Federal agencies; and
(5) conduct regular consultation with civil society
organizations working to advance gender equality and
empower women and girls internationally.
(d) Supervision.--The Office should be headed by an
Ambassador-at-large for Global Women's Issues.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall provide to the
appropriate congressional committees a report or briefing
regarding this section.
SEC. 5107. SPECIAL APPOINTMENTS.
(a) Report on Positions.--Not later than 30 days after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees a report that
includes the following:
(1) A description of the duties, responsibilities,
and number of staff of each existing Special Envoy,
Special Representative, Special Coordinator, Special
Negotiator, Envoy, Representative, Coordinator, Special
Advisor, and other similar position at the Department.
(2) Recommendations regarding whether to maintain in
the Department each such position, including those
listed in the report submitted by the Secretary to the
Committee on Foreign Relations of the Senate on April
14, 2017, pursuant to section 418 of the Department of
State Authorities Act, Fiscal Year 2017 (Public Law
114-323), that are not expressly authorized by a
provision of law enacted by Congress.
(3) Justifications supporting each of the Secretary's
recommendations under paragraph (2).
(b) Advice and Consent.--Not later than 90 days after the
submission of the report required under subsection (a), the
President shall submit the name of each Special Envoy, Special
Representative, Special Coordinator, Special Negotiator, Envoy,
Representative, Coordinator, Special Advisor, or other person
occupying a similar position at the Department exercising
significant authority pursuant to the laws of the United States
that is not expressly authorized by a provision of law enacted
by Congress who is included in such report to the Committee on
Foreign Relations of the Senate to seek the advice and consent
of the Senate.
(c) Rule of Construction Regarding Establishment of
Positions.--Nothing in this section may be construed as
prohibiting the establishment or maintenance of any Special
Envoy, Special Representative, Special Coordinator, Special
Negotiator, Envoy, Representative, Coordinator, Special
Advisor, or other similar position at the Department exercising
significant authority pursuant to the laws of the United States
if the name of the appointee for each such position is
submitted to the Committee on Foreign Relations of the Senate,
to seek the advice and consent of the Senate, not later than 90
days after each such appointment.
(d) Limited Exception for Temporary Appointments.--The
Secretary may maintain or establish a position with the title
of Special Envoy, Special Representative, Special Coordinator,
Special Negotiator, Special Advisor, or a similar position not
exercising significant authority pursuant to the laws of the
United States for not longer than 180 days if the Secretary,
not later than 15 days before the appointment of a person to
such a position, submits to the appropriate congressional
committees a notification that includes the following:
(1) A certification that the position is not expected
to demand the exercise of significant authority
pursuant to the laws of the United States.
(2) A description of the duties and purpose of the
position.
(3) The rationale for giving the specific title to
the position.
(e) Renewal of Temporary Appointment.--Nothing in this
section may be construed as prohibiting the Secretary from
renewing for a period not to exceed 180 days any position
maintained or established under subsection (d) if the Secretary
complies with the notification requirements contained in such
subsection.
(f) Funding Restrictions.--
(1) Positions not submitted for advice and consent.--
No funds may be authorized to be appropriated for--
(A) any Special Envoy, Special
Representative, Special Coordinator, Special
Negotiator, Envoy, Representative, Coordinator,
Special Advisor, or other similar position at
the Department exercising significant authority
pursuant to the laws of the United States if
the name of the person appointed to such
position has not been submitted to the
Committee on Foreign Relations of the Senate
for the advice and consent of the Senate in
accordance with subsection (b); or
(B) any staff or resources related to such a
position until the person appointed to such
position has been submitted to the Committee on
Foreign Relations of the Senate for the advice
and consent of the Senate.
(2) Temporary positions.--No funds may be authorized
to be appropriated for any position described in
subsection (d) or for any staff or resources related to
such position unless the Secretary has complied with
the notification requirements under such subsection.
(3) Fiscal year 2021.--The restrictions described in
this subsection shall not apply in fiscal year 2021 to
positions or associated staff and resources for which
funding is expressly appropriated for such fiscal year
in an Act of Congress.
(g) Confirmation for Authorized Positions.--
(1) In general.--No Special Envoy, Special
Representative, Special Coordinator, Special
Negotiator, Envoy, Representative, Coordinator, Special
Advisor, or other similar position at the Department
exercising significant authority pursuant to the laws
of the United States that is authorized by an Act of
Congress (except the position authorized by section 621
of the Tibetan Policy Act of 2002 (subtitle B of title
VI of Public Law 107-228; 22 U.S.C. 6901 note)) may be
appointed without the advice and consent of the Senate.
(2) Fiscal year 2021.--The restriction described in
paragraph (1) shall not apply in fiscal year 2021 to
positions or associated staff and resources for which
funding is expressly appropriated for such fiscal year
in an Act of Congress.
(h) Elimination of Special Representative and Policy
Coordinator for Burma.--
(1) Findings.--Congress finds the following:
(A) Congress established the Special
Representative and Policy Coordinator for Burma
in July 2008 at a time when the United States
did not maintain full diplomatic relations with
Burma and had not appointed an Ambassador to
Burma in 18 years.
(B) In 2012, the United States re-established
full diplomatic relations with Burma and
appointed a United States Ambassador to Burma
who, along with the Secretary of State,
Assistant Secretary of State for East Asia and
the Pacific, and other United States Government
officials, represents the United States'
interests in Burma.
(2) Repeal.--Section 7 of the Tom Lantos Block
Burmese Jade (Junta's Anti-Democratic Efforts) Act of
2008 (Public Law 110-286; 50 U.S.C. 1701 note; relating
to the establishment of a Special Representative and
Policy Coordinator for Burma) is hereby repealed.
SEC. 5108. ANTI-PIRACY INFORMATION SHARING.
The Secretary is authorized to provide for the participation
by the United States in the Information Sharing Centre located
in Singapore, as established by the Regional Cooperation
Agreement on Combating Piracy and Armed Robbery against Ships
in Asia (ReCAAP).
SEC. 5109. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO NATIONAL SECURITY.
It is the sense of Congress that--
(1) the Department is a crucial national security
agency, whose employees, both Foreign and Civil
Service, require the best possible training at every
stage of their careers to prepare them to promote and
defend United States national interests and the health
and safety of United States citizens abroad;
(2) the Secretary should explore establishing a
``training float'' requiring that a certain percentage
of the Foreign Service shall be in long-term training
at any given time;
(3) the Department's Foreign Service Institute should
seek to substantially increase its educational and
training offerings to Department personnel, including
developing new and innovative educational and training
courses, methods, programs, and opportunities; and
(4) consistent with existing Department gift
acceptance authority and other applicable laws, the
Department and Foreign Service Institute should seek
and accept funds and other resources from foundations,
not-for-profit corporations, and other appropriate
sources to help the Department and the Institute
accomplish the goals specified in paragraph (3).
SEC. 5110. CLASSIFICATION AND ASSIGNMENT OF FOREIGN SERVICE OFFICERS.
The Foreign Service Act of 1980 is amended--
(1) in section 501 (22 U.S.C. 3981), by inserting
``If a position designated under this section is
unfilled for more than 365 calendar days, such position
may be filled, as appropriate, on a temporary basis, in
accordance with section 309.'' after ``Positions
designated under this section are excepted from the
competitive service.''; and
(2) in paragraph (2) of section 502(a) (22 U.S.C.
3982(a)), by inserting ``, or domestically, in a
position working on issues relating to a particular
country or geographic area,'' after ``geographic
area''.
SEC. 5111. ENERGY DIPLOMACY AND SECURITY WITHIN THE DEPARTMENT OF
STATE.
(a) In General.--Subsection (c) of section 1 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), as
amended by section 5103 of this Act, is further amended--
(1) by redesignating paragraph (4) (as redesignated
pursuant to such section 5103) as paragraph (5); and
(2) by inserting after paragraph (3) the following
new paragraph:
``(4) Energy resources.--
``(A) Authorization for assistant
secretary.--Subject to the numerical limitation
specified in paragraph (1), there is authorized
to be established in the Department of State an
Assistant Secretary of State for Energy
Resources.
``(B) Personnel.--The Secretary of State
shall ensure that there are sufficient
personnel dedicated to energy matters within
the Department of State whose responsibilities
shall include--
``(i) formulating and implementing
international policies aimed at
protecting and advancing United States
energy security interests by
effectively managing United States
bilateral and multilateral relations;
``(ii) ensuring that analyses of the
national security implications of
global energy and environmental
developments are reflected in the
decision making process within the
Department;
``(iii) incorporating energy security
priorities into the activities of the
Department;
``(iv) coordinating energy activities
of the Department with relevant Federal
departments and agencies; and
``(v) working internationally to--
``(I) support the development
of energy resources and the
distribution of such resources
for the benefit of the United
States and United States allies
and trading partners for their
energy security and economic
development needs;
``(II) promote availability
of diversified energy supplies
and a well-functioning global
market for energy resources,
technologies, and expertise for
the benefit of the United
States and United States allies
and trading partners;
``(III) resolve international
disputes regarding the
exploration, development,
production, or distribution of
energy resources;
``(IV) support the economic
and commercial interests of
United States persons operating
in the energy markets of
foreign countries;
``(V) support and coordinate
international efforts to
alleviate energy poverty;
``(VI) leading the United
States commitment to the
Extractive Industries
Transparency Initiative;
``(VII) coordinating within
the Department and with
relevant Federal departments
and agencies on developing and
implementing international
energy-related sanctions; and
``(VIII) coordinating energy
security and other relevant
functions within the Department
currently undertaken by--
``(aa) the Bureau of
Economic and Business
Affairs;
``(bb) the Bureau of
Oceans and
International
Environmental and
Scientific Affairs; and
``(cc) other offices
within the Department
of State.''.
(b) Conforming Amendment.--Section 931 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17371) is
amended--
(1) by striking subsections (a) and (b); and
(2) by redesignating subsections (c) and (d) as
subsections (a) and (b), respectively.
SEC. 5112. THE NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
Title I of the State Department Basic Authorities Act of 1956
is amended by adding after section 63 (22 U.S.C. 2735) the
following new section:
``SEC. 64. THE NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
``(a) Activities.--
``(1) Support authorized.--The Secretary of State is
authorized to provide, by contract, grant, or
otherwise, for the performance of appropriate museum
visitor and educational outreach services and related
events, including organizing programs and conference
activities, museum shop services and food services in
the public exhibition and related space utilized by the
National Museum of American Diplomacy.
``(2) Recovery of costs.--The Secretary of State is
authorized to recover any revenues generated under the
authority of paragraph (1) for visitor and outreach
services and related events referred to in such
paragraph, including fees for use of facilities at the
National Museum for American Diplomacy. Any such
revenues may be retained as a recovery of the costs of
operating the museum.
``(b) Disposition of National Museum of American Diplomacy
Documents, Artifacts, and Other Articles.--
``(1) Property.--All historic documents, artifacts,
or other articles permanently acquired by the
Department of State and determined by the Secretary of
State to be suitable for display by the National Museum
of American Diplomacy shall be considered to be the
property of the United States Government and shall be
subject to disposition solely in accordance with this
subsection.
``(2) Sale, trade, or transfer.--Whenever the
Secretary of State makes the determination described in
paragraph (3) with respect to a document, artifact, or
other article under paragraph (1), the Secretary may
sell at fair market value, trade, or transfer such
document, artifact, or other article without regard to
the requirements of subtitle I of title 40, United
States Code. The proceeds of any such sale may be used
solely for the advancement of the mission of the
National Museum of American Diplomacy and may not be
used for any purpose other than the acquisition and
direct care of the collections of the museum.
``(3) Determinations prior to sale, trade, or
transfer.--The determination described in this
paragraph with respect to a document, artifact, or
other article under paragraph (1), is a determination
that--
``(A) such document, artifact, or other
article no longer serves to further the
purposes of the National Museum of American
Diplomacy as set forth in the collections
management policy of the museum;
``(B) the sale, trade, or transfer of such
document, artifact, or other article would
serve to maintain the standards of the
collection of the museum; or
``(C) sale, trade, or transfer of such
document, artifact, or other article would be
in the best interests of the United States.
``(4) Loans.--In addition to the authorization under
paragraph (2) relating to the sale, trade, or transfer
of documents, artifacts, or other articles under
paragraph (1), the Secretary of State may loan such
documents, artifacts, or other articles, when not
needed for use or display by the National Museum of
American Diplomacy to the Smithsonian Institution or a
similar institution for repair, study, or
exhibition.''.
SEC. 5113. EXTENSION OF PERIOD FOR REIMBURSEMENT OF FISHERMEN FOR COSTS
INCURRED FROM THE ILLEGAL SEIZURE AND DETENTION OF
U.S.-FLAG FISHING VESSELS BY FOREIGN GOVERNMENTS.
(a) In General.--Subsection (e) of section 7 of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1977) is amended
to read as follows:
``(e) Amounts.--Payments may be made under this section only
to such extent and in such amounts as are provided in advance
in appropriation Acts.''.
(b) Retroactive Applicability.--
(1) Effective date.--The amendment made by subsection
(a) shall take effect on the date of the enactment of
this Act and apply as if the date specified in
subsection (e) of section 7 of the Fishermen's
Protective Act of 1967, as in effect on the day before
the date of the enactment of this Act, were the day
after such date of enactment.
(2) Agreements and payments.--The Secretary shall--
(A) enter into agreements pursuant to section
7 of the Fishermen's Protective Act of 1967 for
any claims to which such section would
otherwise apply but for the date specified in
subsection (e) of such section, as in effect on
the day before the date of the enactment of
this Act; and
(B) make payments in accordance with
agreements entered into pursuant to such
section if any such payments have not been made
as a result of the expiration of the date
specified in such section, as in effect on the
day before the date of the enactment of this
Act.
SEC. 5114. ART IN EMBASSIES.
(a) In General.--No funds are authorized to be appropriated
for the purchase of any piece of art for the purposes of
installation or display in any embassy, consulate, or other
foreign mission of the United States if the purchase price of
such piece of art is in excess of $50,000, unless such purchase
is subject to prior consultation with, and the regular
notification procedures of, the appropriate congressional
committees.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report on the costs of
the Art in Embassies Program for each of fiscal years 2012,
2013, and 2014.
(c) Sunset.--This section shall terminate on the date that is
2 years after the date of the enactment of this Act.
(d) Definition.--In this section, the term ``art'' includes
paintings, sculptures, photographs, industrial design, and
craft art.
SEC. 5115. AMENDMENT OR REPEAL OF REPORTING REQUIREMENTS.
(a) Burma.--
(1) In general.--Section 570 of Public Law 104-208 is
amended--
(A) by amending subsection (c) to read as
follows:
``(c) Multilateral Strategy.--The President shall develop, in
coordination with members of ASEAN and other likeminded
countries, a comprehensive, multilateral strategy to bring
about further democratic consolidation in Burma and improve
human rights practices and the quality of life in Burma,
including the development of a dialogue leading to genuine
national reconciliation.''; and
(B) in subsection (d)--
(i) in the matter preceding paragraph
(1), by striking ``six months'' and
inserting ``year'';
(ii) by redesignating paragraph (3)
as paragraph (7); and
(iii) by inserting after paragraph
(2) the following new paragraphs:
``(3) improvements in human rights practices;
``(4) progress toward broad-based and inclusive
economic growth;
``(5) progress toward genuine national
reconciliation;
``(6) progress on improving the quality of life of
the Burmese people, including progress relating to
market reforms, living standards, labor standards, use
of forced labor in the tourism industry, and
environmental quality; and''.
(2) Effective date.--The amendments made by paragraph
(1) shall take effect on the date of the enactment of
this Act and apply with respect to the first report
required under subsection (d) of section 570 of Public
Law 104-208 that is required after the date of the
enactment of this Act.
(b) Repeals.--The following provisions of law are hereby
repealed:
(1) Subsection (b) of section 804 of Public Law 101-
246.
(2) Section 6 of Public Law 104-45.
(3) Section 406 of Public Law 101-246 (22 U.S.C.
2414a).
(4) Subsection (c) of section 702 of Public Law 96-
465 (22 U.S.C. 4022).
SEC. 5116. REPORTING ON IMPLEMENTATION OF GAO RECOMMENDATIONS.
(a) Initial Report.--Not later than 120 days after the date
of the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report that lists all of
the Government Accountability Office's recommendations relating
to the Department that have not been fully implemented.
(b) Comptroller General Report.--Not later than 30 days after
the Secretary submits the report under subsection (a), the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report that identifies
any discrepancies between the list of recommendations included
in such report and the Government Accountability Office's list
of outstanding recommendations for the Department.
(c) Implementation Report.--
(1) In general.--Not later than 120 days after the
date of the submission of the Comptroller General's
report under subsection (b), the Secretary shall submit
to the appropriate congressional committees a report
that describes the implementation status of each
recommendation from the Government Accountability
Office included in the report submitted under
subsection (a).
(2) Justification.--The report under paragraph (1)
shall include--
(A) a detailed justification for each
decision not to fully implement a
recommendation or to implement a recommendation
in a different manner than specified by the
Government Accountability Office;
(B) a timeline for the full implementation of
any recommendation the Secretary has decided to
adopt, but has not yet fully implemented; and
(C) an explanation for any discrepancies
included in the Comptroller General report
submitted under subsection (b).
(d) Form.--The information required in each report under this
section shall be submitted in unclassified form, to the maximum
extent practicable, but may be included in a classified annex
to the extent necessary.
SEC. 5117. OFFICE OF GLOBAL CRIMINAL JUSTICE.
(a) In General.--There should be established within the
Department an Office of Global Criminal Justice (referred to in
this section as the ``Office''), which may be placed within the
organizational structure of the Department at the discretion of
the Secretary.
(b) Duties.--The Office should carry out the following:
(1) Advise the Secretary and other relevant senior
officials on issues related to war crimes, crimes
against humanity, and genocide.
(2) Assist in formulating United States policy on the
prevention of, responses to, and accountability for
mass atrocities.
(3) Coordinate United States Government positions
relating to the international and hybrid courts
currently prosecuting persons responsible for genocide,
war crimes, and crimes against humanity anywhere in the
world.
(4) Work with other governments, international
organizations, and nongovernmental organizations, as
appropriate, to establish and assist international and
domestic commissions of inquiry, fact-finding missions,
and tribunals to investigate, document, and prosecute
atrocities in every region of the globe.
(5) Coordinate the deployment of diplomatic, legal,
economic, military, and other tools to help expose the
truth, judge those responsible, protect and assist
victims, enable reconciliation, deter atrocities, and
build the rule of law.
(6) Provide advice and expertise on transitional
justice to United States personnel operating in
conflict and post-conflict environments.
(7) Act as a point of contact for international,
hybrid, and mixed tribunals exercising jurisdiction
over war crimes, crimes against humanity, and genocide
committed around the world.
(8) Represent the Department on any interagency
whole-of-government coordinating entities addressing
genocide and other mass atrocities.
(9) Perform any additional duties and exercise such
powers as the Secretary of State may prescribe.
(c) Supervision.--The Office should be led by an Ambassador-
at-Large for Global Criminal Justice.
TITLE II--EMBASSY CONSTRUCTION
SEC. 5201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE.
For ``Embassy Security, Construction, and Maintenance'',
there is authorized to be appropriated $1,975,449,000 for
fiscal year 2021.
SEC. 5202. STANDARD DESIGN IN CAPITAL CONSTRUCTION.
(a) Sense of Congress.--It is the sense of Congress that the
Department's Bureau of Overseas Building Operations (OBO) or
successor office should give appropriate consideration to
standardization in construction, in which each new United
States embassy and consulate starts with a standard design and
keeps customization to a minimum.
(b) Consultation.--The Secretary shall carry out any new
United States embassy compound or new consulate compound
project that utilizes a non-standard design, including those
projects that are in the design or pre-design phase as of the
date of the enactment of this Act, only in consultation with
the appropriate congressional committees. The Secretary shall
provide the appropriate congressional committees, for each such
project, the following documentation:
(1) A comparison of the estimated full lifecycle
costs of the project to the estimated full lifecycle
costs of such project if it were to use a standard
design.
(2) A comparison of the estimated completion date of
such project to the estimated completion date of such
project if it were to use a standard design.
(3) A comparison of the security of the completed
project to the security of such completed project if it
were to use a standard design.
(4) A justification for the Secretary's selection of
a non-standard design over a standard design for such
project.
(5) A written explanation if any of the documentation
necessary to support the comparisons and justification,
as the case may be, described in paragraphs (1) through
(4) cannot be provided.
(c) Sunset.--The consultation requirement under subsection
(b) shall expire on the date that is 4 years after the date of
the enactment of this Act.
SEC. 5203. CAPITAL CONSTRUCTION TRANSPARENCY.
(a) In General.--Section 118 of the Department of State
Authorities Act, Fiscal Year 2017 (22 U.S.C. 304) is amended--
(1) in the section heading , by striking ``annual
report on embassy construction costs'' and inserting
``biannual report on overseas capital construction
projects''; and
(2) by striking subsections (a) and (b) and inserting
the following new subsections:
``(a) In General.--Not later than 180 days after the date of
the enactment of this subsection and every 180 days thereafter
until the date that is 4 years after such date of enactment,
the Secretary shall submit to the appropriate congressional
committees a comprehensive report regarding all ongoing
overseas capital construction projects and major embassy
security upgrade projects.
``(b) Contents.--Each report required under subsection (a)
shall include the following with respect to each ongoing
overseas capital construction project and major embassy
security upgrade project:
``(1) The initial cost estimate as specified in the
proposed allocation of capital construction and
maintenance funds required by the Committees on
Appropriations for Acts making appropriations for the
Department of State, foreign operations, and related
programs.
``(2) The current cost estimate.
``(3) The value of each request for equitable
adjustment received by the Department to date.
``(4) The value of each certified claim received by
the Department to date.
``(5) The value of any usage of the project's
contingency fund to date and the value of the remainder
of the project's contingency fund.
``(6) An enumerated list of each request for
adjustment and certified claim that remains outstanding
or unresolved.
``(7) An enumerated list of each request for
equitable adjustment and certified claim that has been
fully adjudicated or that the Department has settled,
and the final dollar amount of each adjudication or
settlement.
``(8) The date of estimated completion specified in
the proposed allocation of capital construction and
maintenance funds required by the Committees on
Appropriations not later than 45 days after the date of
the enactment of an Act making appropriations for the
Department of State, foreign operations, and related
programs.
``(9) The current date of estimated completion.''.
(b) Initial Report.--The first report required under
subsection (a) of section 118 of the Department of State
Authorities Act, Fiscal Year 2017 (as amended by this section)
shall include an annex regarding all overseas capital
construction projects and major embassy security upgrade
projects completed during the 10-year period ending on December
31, 2018, including, for each such project, the elements
specified in subsection (b) of such section 118.
SEC. 5204. CONTRACTOR PERFORMANCE INFORMATION.
(a) Deadline for Completion.--The Secretary shall complete
all contractor performance evaluations required by subpart
42.15 of the Federal Acquisition Regulation for those
contractors engaged in construction of new embassy or new
consulate compounds by October 1, 2021.
(b) Prioritization System.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall
develop a prioritization system for clearing the
current backlog of required evaluations referred to in
subsection (a).
(2) Elements.--The system required under paragraph
(1) should prioritize the evaluations as follows:
(A) Project completion evaluations should be
prioritized over annual evaluations.
(B) Evaluations for relatively large
contracts should have priority.
(C) Evaluations that would be particularly
informative for the awarding of government
contracts should have priority.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall brief the
appropriate congressional committees on the Department's plan
for completing all evaluations by October 1, 2021, in
accordance with subsection (a) and the prioritization system
developed pursuant to subsection (b).
(d) Sense of Congress.--It is the sense of Congress that--
(1) contractors deciding whether to bid on Department
contracts would benefit from greater understanding of
the Department as a client; and
(2) the Department should develop a forum where
contractors can comment on the Department's project
management performance.
SEC. 5205. GROWTH PROJECTIONS FOR NEW EMBASSIES AND CONSULATES.
(a) In General.--For each new United States embassy compound
(NEC) and new consulate compound project (NCC) in or not yet in
the design phase as of the date of the enactment of this Act,
the Department shall project growth over the estimated life of
the facility using all available and relevant data, including
the following:
(1) Relevant historical trends for Department
personnel and personnel from other agencies represented
at the NEC or NCC that is to be constructed.
(2) An analysis of the tradeoffs between risk and the
needs of United States Government policy conducted as
part of the most recent Vital Presence Validation
Process, if applicable.
(3) Reasonable assumptions about the strategic
importance of the NEC or NCC, as the case may be, over
the life of the building at issue.
(4) Any other data that would be helpful in
projecting the future growth of NEC or NCC.
(b) Other Federal Agencies.--The head of each Federal agency
represented at a United States embassy or consulate shall
provide to the Secretary, upon request, growth projections for
the personnel of each such agency over the estimated life of
each embassy or consulate, as the case may be.
(c) Basis for Estimates.--The Department shall base its
growth assumption for all NECs and NCCs on the estimates
required under subsections (a) and (b).
(d) Congressional Notification.--Any congressional
notification of site selection for a NEC or NCC submitted after
the date of the enactment of this Act shall include the growth
assumption used pursuant to subsection (c).
SEC. 5206. LONG-RANGE PLANNING PROCESS.
(a) Plans Required.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act and annually
thereafter for 5 years, the Secretary shall develop--
(A) a comprehensive 6-year plan documenting
the Department's overseas building program for
the replacement of overseas diplomatic posts
taking into account security factors under the
Secure Embassy Construction and
Counterterrorism Act of 1999 and other relevant
statutes and regulations, as well as
occupational safety and health factors pursuant
to the Occupational Safety and Health Act of
1970 and other relevant statutes and
regulations, including environmental factors
such as indoor air quality that impact employee
health and safety; and
(B) a comprehensive 6-year plan detailing the
Department's long-term planning for the
maintenance and sustainment of completed
diplomatic posts, which takes into account
security factors under the Secure Embassy
Construction and Counterterrorism Act of 1999
and other relevant statutes and regulations, as
well as occupational safety and health factors
pursuant to the Occupational Safety and Health
Act of 1970 and other relevant statutes and
regulations, including environmental factors
such as indoor air quality that impact employee
health and safety.
(2) Initial report.--The first plan developed
pursuant to paragraph (1)(A) shall also include a one-
time status report on existing small diplomatic posts
and a strategy for establishing a physical diplomatic
presence in countries in which there is no current
physical diplomatic presence. Such report, which may
include a classified annex, shall include the
following:
(A) A description of the extent to which each
small diplomatic post furthers the national
interest of the United States.
(B) A description of how each small
diplomatic post provides American Citizen
Services, including data on specific services
provided and the number of Americans receiving
services over the previous year.
(C) A description of whether each small
diplomatic post meets current security
requirements.
(D) A description of the full financial cost
of maintaining each small diplomatic post.
(E) Input from the relevant chiefs of mission
on any unique operational or policy value the
small diplomatic post provides.
(3) Updated information.--The annual updates of each
of the plans developed pursuant to paragraph (1) shall
highlight any changes from the previous year's plan to
the ordering of construction and maintenance projects.
(b) Reporting Requirements.--
(1) Submission of plans to congress.--Not later than
60 days after the completion of each plan required
under subsection (a), the Secretary shall submit the
plans to the appropriate congressional committees.
(2) Reference in budget justification materials.--In
the budget justification materials submitted to the
appropriate congressional committees in support of the
Department's budget for any fiscal year (as submitted
with the budget of the President under section 1105(a)
of title 31, United States Code), the plans required
under subsection (a) shall be referenced to justify
funding requested for building and maintenance projects
overseas.
(3) Form of report.--Each report required under
paragraph (1) shall be submitted in unclassified form
but may include a classified annex.
(c) Small Diplomatic Post Defined.--In this section, the term
``small diplomatic post'' means any United States embassy or
consulate that has employed five or fewer United States
Government employees on average over the 36 months prior to the
date of the enactment of this Act.
SEC. 5207. VALUE ENGINEERING AND RISK ASSESSMENT.
(a) Findings.--Congress makes the following findings:
(1) Federal departments and agencies are required to
use value engineering (VE) as a management tool, where
appropriate, to reduce program and acquisition costs
pursuant to OMB Circular A-131, Value Engineering,
dated December 31, 2013.
(2) OBO has a Policy Directive and Standard Operation
Procedure, dated May 24, 2017, on conducting risk
management studies on all international construction
projects.
(b) Notification Requirements.--
(1) Submission to authorizing committees.--The
proposed allocation of capital construction and
maintenance funds that is required by the Committees on
Appropriations of the Senate and the House of
Representatives not later than 45 days after the date
of the enactment of an Act making appropriations for
the Department of State, foreign operations, and
related programs shall also be submitted to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Requirement to confirm completion of value
engineering and risk assessment studies.--The
notifications required under paragraph (1) shall
include confirmation that the Department has completed
the requisite VE and risk management studies described
in subsection (a).
(c) Reporting and Briefing Requirements.--The Secretary shall
provide to the appropriate congressional committees upon
request--
(1) a description of each risk management study
referred to in subsection (a)(2) and a table detailing
which recommendations related to each such study were
accepted and which were rejected; and
(2) a report or briefing detailing the rationale for
not implementing any such recommendations that may
otherwise yield significant cost savings to the
Department if implemented.
SEC. 5208. BUSINESS VOLUME.
Section 402(c)(2)(E) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is amended
by striking ``in 3 years'' and inserting ``cumulatively over 3
years''.
SEC. 5209. EMBASSY SECURITY REQUESTS AND DEFICIENCIES.
The Secretary shall provide to the appropriate congressional
committees upon request information on security deficiencies at
United States diplomatic posts, including relating to the
following:
(1) Requests made over the previous year by United
States diplomatic posts for security upgrades.
(2) Significant security deficiencies at United
States diplomatic posts that are not operating out of a
new embassy compound or new consulate compound.
SEC. 5210. OVERSEAS SECURITY BRIEFINGS.
Not later than 1 year after the date of the enactment of this
Act, the Secretary shall revise the Foreign Affairs Manual to
stipulate that information on the current threat environment
shall be provided to all United States Government employees
under chief of mission authority traveling to a foreign country
on official business. To the extent practicable, such material
shall be provided to such employees prior to their arrival at a
United States diplomatic post or as soon as possible
thereafter.
SEC. 5211. CONTRACTING METHODS IN CAPITAL CONSTRUCTION.
(a) Delivery.--Unless the Secretary notifies the appropriate
congressional committees that the use of the design-build
project delivery method would not be appropriate, the Secretary
shall make use of such method at United States diplomatic posts
that have not yet received design or capital construction
contracts as of the date of the enactment of this Act.
(b) Notification.--Before executing a contract for a delivery
method other than design-build in accordance with subsection
(a), the Secretary shall notify the appropriate congressional
committees in writing of the decision, including the reasons
therefor. The notification required by this subsection may be
included in any other report regarding a new United States
diplomatic post that is required to be submitted to the
appropriate congressional committees.
(c) Performance Evaluation.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
report to the appropriate congressional committees regarding
performance evaluation measures in accordance with GAO's
``Standards for Internal Control in the Federal Government''
that will be applicable to design and construction, lifecycle
cost, and building maintenance programs of the Bureau of
Overseas Building Operations of the Department.
SEC. 5212. COMPETITION IN EMBASSY CONSTRUCTION.
Not later than 45 days after the date of the enactment of
this Act, the Secretary shall submit to the appropriate
congressional committee a report detailing steps the Department
is taking to expand the embassy construction contractor base in
order to increase competition and maximize value.
SEC. 5213. STATEMENT OF POLICY.
It is the policy of the United States that the Bureau of
Overseas Building Operations of the Department or its successor
office shall continue to balance functionality and security
with accessibility, as defined by guidelines established by the
United States Access Board in constructing embassies and
consulates, and shall ensure compliance with the Architectural
Barriers Act of 1968 (42 U.S.C. 4151 et seq.) to the fullest
extent possible.
SEC. 5214. DEFINITIONS.
In this title:
(1) Design-build.--The term ``design-build'' means a
method of project delivery in which one entity works
under a single contract with the Department to provide
design and construction services.
(2) Non-standard design.--The term ``non-standard
design'' means a design for a new embassy compound
project or new consulate compound project that does not
utilize a standardized design for the structural,
spatial, or security requirements of such embassy
compound or consulate compound, as the case may be.
TITLE III--PERSONNEL ISSUES
SEC. 5301. DEFENSE BASE ACT INSURANCE WAIVERS.
(a) Application for Waivers.--Not later than 30 days after
the date of the enactment of this Act, the Secretary shall
apply to the Department of Labor for a waiver from insurance
requirements under the Defense Base Act (42 U.S.C. 1651 et
seq.) for all countries with respect to which the requirement
was waived prior to January 2017, and for which there is not
currently a waiver.
(b) Certification Requirement.--Not later than 45 days after
the date of the enactment of this Act, the Secretary shall
certify to the appropriate congressional committees that the
requirement in subsection (a) has been met.
SEC. 5302. STUDY ON FOREIGN SERVICE ALLOWANCES.
(a) Report Required.--
(1) In general.--Not later than 270 days after date
of the enactment of this Act, the Secretary shall
submit to the appropriate congressional committees a
report detailing an empirical analysis on the effect of
overseas allowances on the foreign assignment of
Foreign Service officers (FSOs), to be conducted by a
federally-funded research and development center with
appropriate expertise in labor economics and military
compensation.
(2) Contents.--The analysis required under paragraph
(1) shall--
(A) identify all allowances paid to FSOs
assigned permanently or on temporary duty to
foreign areas;
(B) examine the efficiency of the Foreign
Service bidding system in determining foreign
assignments;
(C) examine the factors that incentivize FSOs
to bid on particular assignments, including
danger levels and hardship conditions;
(D) examine the Department's strategy and
process for incentivizing FSOs to bid on
assignments that are historically in lower
demand, including with monetary compensation,
and whether monetary compensation is necessary
for assignments in higher demand;
(E) make any relevant comparisons to military
compensation and allowances, noting which
allowances are shared or based on the same
regulations;
(F) recommend options for restructuring
allowances to improve the efficiency of the
assignments system and better align FSO
incentives with the needs of the Foreign
Service, including any cost savings associated
with such restructuring;
(G) recommend any statutory changes necessary
to implement subparagraph (F), such as
consolidating existing legal authorities for
the provision of hardship and danger pay; and
(H) detail any effects of recommendations
made pursuant to subparagraphs (F) and (G) on
other United States Government departments and
agencies with civilian employees permanently
assigned or on temporary duty in foreign areas,
following consultation with such departments
and agencies.
(b) Briefing Requirement.--Before initiating the analysis
required under subsection (a)(1), and not later than 60 days
after the date of the enactment of this Act, the Secretary
shall provide to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs in the House of
Representatives a briefing on the implementation of this
section that includes the following:
(1) The name of the federally funded research and
development center that will conduct such analysis.
(2) The scope of such analysis and terms of reference
for such analysis as specified between the Department
and such federally funded research and development
center.
(c) Availability of Information.--
(1) In general.--The Secretary shall make available
to the federally-funded research and development center
carrying out the analysis required under subsection
(a)(1) all necessary and relevant information to allow
such center to conduct such analysis in a quantitative
and analytical manner, including historical data on the
number of bids for each foreign assignment and any
survey data collected by the Department from eligible
bidders on their bid decision-making.
(2) Cooperation.--The Secretary shall work with the
heads of other relevant United States Government
departments and agencies to ensure such departments and
agencies provide all necessary and relevant information
to the federally-funded research and development center
carrying out the analysis required under subsection
(a)(1).
(d) Interim Report to Congress.--The Secretary shall require
that the chief executive officer of the federally-funded
research and development center that carries out the analysis
required under subsection (a)(1) submit to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives an interim report on
such analysis not later than 120 days after the date of the
enactment of this Act.
SEC. 5303. SCIENCE AND TECHNOLOGY FELLOWSHIPS.
Section 504 of the Foreign Relations Authorization Act,
Fiscal Year 1979 (22 U.S.C. 2656d) is amended by adding at the
end the following new subsection:
``(e) Grants and Cooperative Agreements Related to Science
and Technology Fellowship Programs.--
``(1) In general.--The Secretary is authorized to
make grants or enter into cooperative agreements
related to Department of State science and technology
fellowship programs, including for assistance in
recruiting fellows and the payment of stipends, travel,
and other appropriate expenses to fellows.
``(2) Exclusion from consideration as compensation.--
Stipends under paragraph (1) shall not be considered
compensation for purposes of section 209 of title 18,
United States Code.
``(3) Maximum annual amount.--The total amount of
grants made pursuant to this subsection may not exceed
$500,000 in any fiscal year.''.
SEC. 5304. TRAVEL FOR SEPARATED FAMILIES.
Section 901(15) of the Foreign Service Act of 1980 (22 U.S.C.
4081(15)) is amended--
(1) in the matter preceding subparagraph (A), by
striking ``1 round-trip per year for each child below
age 21 of a member of the Service assigned abroad'' and
inserting ``in the case of one or more children below
age 21 of a member of the Service assigned abroad, 1
round-trip per year'';
(2) in subparagraph (A)--
(A) by inserting ``for each child'' before
``to visit the member abroad''; and
(B) by striking ``; or'' and inserting a
comma;
(3) in subparagraph (B)--
(A) by inserting ``for each child'' before
``to visit the other parent''; and
(B) by inserting ``or'' after ``resides,'';
(4) by inserting after subparagraph (B) the following
new subparagraph:
``(C) for one of the child's parents to visit
the child or children abroad if the child or
children do not regularly reside with that
parent and that parent is not receiving an
education allowance or educational travel
allowance for the child or children under
section 5924(4) of title 5, United States
Code,''; and
(5) in the matter following subparagraph (C), as
added by paragraph (4) of this section, by striking ``a
payment'' and inserting ``the cost of round-trip
travel''.
SEC. 5305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES.
Section 903(b) of the Foreign Service Act of 1980 (22 U.S.C.
4083(b)) is amended by adding at the end the following new
sentence: ``In cases in which the family members of a member of
the Service reside apart from the member at authorized
locations outside the United States because they are prevented
by official order from residing with the member at post, the
member may take the leave ordered under this section where that
member's family members reside, notwithstanding section 6305 of
title 5, United States Code.''.
SEC. 5306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP PROGRAMS.
It is the sense of Congress that Department fellowships that
promote the employment of candidates belonging to under-
represented groups, including the Charles B. Rangel
International Affairs Graduate Fellowship Program, the Thomas
R. Pickering Foreign Affairs Fellowship Program, and the Donald
M. Payne International Development Fellowship Program,
represent smart investments vital for building a strong,
capable, and representative national security workforce.
SEC. 5307. TECHNICAL CORRECTION.
Subparagraph (A) of section 601(c)(6) of the Foreign Service
Act of 1980 (22 U.S.C. 4001(c)(6)) is amended, in the matter
preceding clause (i), by--
(1) striking ``promotion'' and inserting ``promotion,
on or after January 1, 2017,''; and
(2) striking ``individual joining the Service on or
after January 1, 2017,'' and inserting ``Foreign
Service officer, appointed under section 302(a)(1), who
has general responsibility for carrying out the
functions of the Service''.
SEC. 5308. FOREIGN SERVICE AWARDS.
(a) In General.--Section 614 of the Foreign Service Act of
1980 (22 U.S.C. 4013) is amended--
(1) by amending the section heading to read as
follows: ``department awards''; and
(2) in the first sentence, by inserting ``or Civil
Service'' after ``the Service''.
(b) Conforming Amendment.--The item relating to section 614
in the table of contents of the Foreign Service Act of 1980 is
amended to read as follows:
``Sec. 614. Department awards.''.
SEC. 5309. DIPLOMATIC PROGRAMS.
(a) Sense of Congress on Workforce Recruitment.--It is the
sense of Congress that the Secretary should continue to hold
entry-level classes for Foreign Service officers and
specialists and continue to recruit civil servants through
programs such as the Presidential Management Fellows Program
and Pathways Internship Programs in a manner and at a frequency
consistent with prior years and consistent with the need to
maintain a pool of experienced personnel effectively
distributed across skill codes and ranks. It is further the
sense of Congress that absent continuous recruitment and
training of Foreign Service officers and civil servants, the
Department will lack experienced, qualified personnel in the
short, medium, and long terms.
(b) Limitation.--The Secretary may not implement any
reduction-in-force action under section 3502 or 3595 of title
5, United States Code, or for any incentive payments for early
separation or retirement under any other provision of law
unless--
(1) the appropriate congressional committees are
notified not less than 15 days in advance of such
obligation or expenditure; and
(2) the Secretary has provided to the appropriate
congressional committees a detailed report that
describes the Department's strategic staffing goals,
including--
(A) a justification that describes how any
proposed workforce reduction enhances the
effectiveness of the Department;
(B) a certification that such workforce
reduction is in the national interest of the
United States;
(C) a comprehensive strategic staffing plan
for the Department, including 5-year workforce
forecasting and a description of the
anticipated impact of any proposed workforce
reduction; and
(D) a dataset displaying comprehensive
workforce data for all current and planned
employees of the Department, disaggregated by--
(i) Foreign Service officer and
Foreign Service specialist rank;
(ii) civil service job skill code,
grade level, and bureau of assignment;
(iii) contracted employees, including
the equivalent job skill code and
bureau of assignment; and
(iv) employees hired under schedule C
of subpart C of part 213 of title 5,
Code of Federal Regulations, including
their equivalent grade and job skill
code and bureau of assignment.
SEC. 5310. SENSE OF CONGRESS REGARDING VETERANS EMPLOYMENT AT THE
DEPARTMENT OF STATE.
It is the sense of Congress that--
(1) the Department should continue to promote the
employment of veterans, in accordance with section 301
of the Foreign Service Act of 1980 (22 U.S.C. 3941), as
amended by section 405 of this Act, including those
veterans belonging to traditionally underrepresented
groups at the Department;
(2) veterans employed by the Department have made
significant contributions to United States foreign
policy in a variety of regional and global affairs
bureaus and diplomatic posts overseas; and
(3) the Department should continue to encourage
veteran employment and facilitate their participation
in the workforce.
SEC. 5311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS.
(a) Sense of Congress.--It is the sense of Congress that the
Department should expand the appeal process it makes available
to employees related to assignment preclusions and
restrictions.
(b) Appeal of Assignment Restriction or Preclusion.--Section
502(a)(2) of the Foreign Service Act of 1980 (22 U.S.C.
3982(a)(2)), as amended by section 111 of this Act, is further
amended by adding at the end the following new sentences: ``Any
employee subjected to an assignment restriction or preclusion
shall have the same appeal rights as provided by the Department
regarding denial or revocation of a security clearance. Any
such appeal shall be resolved not later than 60 days after such
appeal is filed.''.
(c) Notice and Certification.--Not later than 90 days after
the date of the enactment of this Act, the Secretary shall
revise, and certify to the appropriate congressional committees
regarding such revision, the Foreign Affairs Manual guidance
regarding denial or revocation of a security clearance to
expressly state that all review and appeal rights relating
thereto shall also apply to any recommendation or decision to
impose an assignment restriction or preclusion to an employee.
SEC. 5312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) career Department employees provide invaluable
service to the United States as nonpartisan
professionals who contribute subject matter expertise
and professional skills to the successful development
and execution of United States foreign policy; and
(2) reemployment of skilled former members of the
Foreign and civil service who have voluntarily
separated from the Foreign or civil service due to
family reasons or to obtain professional skills outside
government is of benefit to the Department.
(b) Reemployment.--Subsection (b) of section 308 of the
Foreign Service Act of 1980 (22 U.S.C. 3948) is amended by
adding at the end the following new sentence: ``Former career
tenured members of the Service seeking reappointment, if
separated for other than cause for up to 4 years prior to the
date of the enactment of this sentence, shall be eligible to
participate in the regular assignment bidding process without
restriction and shall not be required to accept a directed
first assignment upon reappointment.''.
(c) Notice of Employment Opportunities.--
(1) In general.--Title 5, United States Code, is
amended by inserting after chapter 102 the following
new chapter:
``CHAPTER 103--NOTICE OF EMPLOYMENT OPPORTUNITIES FOR DEPARTMENT OF
STATE AND USAID POSITIONS
``Sec. 10301. Notice of employment opportunities for department of
state and usaid positions
``To ensure that individuals who have separated from the
Department of State or the United States Agency for
International Development and who are eligible for
reappointment are aware of such opportunities, the Department
of State and the United States Agency for International
Development shall publicize notice of all employment
opportunities, including positions for which the relevant
agency is accepting applications from individuals within the
agency's workforce under merit promotion procedures, on
publicly accessible sites, including www.usajobs.gov. If using
merit promotion procedures, the notice shall expressly state
that former employees eligible for reinstatement may apply.''.
(2) Clerical amendment.--The table of sections for
subpart I of title 5, United States Code, is amended by
adding at the end the following:
``10301. Notice of employment opportunities for Department of State and
USAID positions''.
SEC. 5313. STRATEGIC STAFFING PLAN FOR THE DEPARTMENT.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a comprehensive 5-year
strategic staffing plan for the Department that is aligned with
and furthers the objectives of the National Security Strategy
of the United States of America issued in December 2017, or any
subsequent strategy issued not later than 18 months after the
date of the enactment of this Act, which shall include the
following:
(1) A dataset displaying comprehensive workforce
data, including all shortages in bureaus described in
GAO report GAO-19-220, for all current and planned
employees of the Department, disaggregated by--
(A) Foreign Service officer and Foreign
Service specialist rank;
(B) civil service job skill code, grade
level, and bureau of assignment;
(C) contracted employees, including the
equivalent job skill code and bureau of
assignment; and
(D) employees hired under schedule C of
subpart C of part 213 of title 5, Code of
Federal Regulations, including the equivalent
grade and job skill code and bureau of
assignment of such employee.
(2) Recommendations on the number of Foreign Service
officers disaggregated by service cone that should be
posted at each United States diplomatic post and in the
District of Columbia, with a detailed basis for such
recommendations.
(3) Recommendations on the number of civil service
officers that should be employed by the Department,
with a detailed basis for such recommendations.
(b) Maintenance.--The dataset required under subsection
(a)(1) shall be maintained and updated on a regular basis.
(c) Consultation.--The Secretary shall lead the development
of the plan required under subsection (a) but may consult or
partner with private sector entities with expertise in labor
economics, management, or human resources, as well as
organizations familiar with the demands and needs of the
Department's workforce.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report regarding
root causes of Foreign Service and civil service shortages, the
effect of such shortages on national security objectives, and
the Department's plan to implement recommendations described in
GAO-19-220.
SEC. 5314. CONSULTING SERVICES.
(a) In General.--Chapter 103 of title 5, United States Code,
as added by section 5312 of this Act, is amended by adding at
the end the following:
``Sec. 10302. Consulting services for the Department of State
``Any consulting service obtained by the Department of State
through procurement contract pursuant to section 3109 of title
5, United States Code, shall be limited to those contracts with
respect to which expenditures are a matter of public record and
available for public inspection, except if otherwise provided
under existing law, or under existing Executive order issued
pursuant to existing law.''.
(b) Clerical Amendment.--The table of sections for subpart I
of title 5, United States Code, is amended by adding after the
item relating to section 10302 the following new item:
``10302. Consulting services for the Department of State''.
SEC. 5315. INCENTIVES FOR CRITICAL POSTS.
Section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) is amended by striking the last sentence.
SEC. 5316. EXTENSION OF AUTHORITY FOR CERTAIN ACCOUNTABILITY REVIEW
BOARDS.
Section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended--
(1) in the heading, by striking ``afghanistan and''
and inserting ``afghanistan, yemen, syria, and''; and
(2) in subparagraph (A)--
(A) in clause (i), by striking ``Afghanistan
or'' and inserting ``Afghanistan, Yemen, Syria,
or''; and
(B) in clause (ii), by striking ``beginning
on October 1, 2005, and ending on September 30,
2009'' and inserting ``beginning on October 1,
2020, and ending on September 30, 2022''.
SEC. 5317. FOREIGN SERVICE SUSPENSION WITHOUT PAY.
Subsection (c) of section 610 of the Foreign Service Act of
1980 (22 U.S.C. 4010) is amended--
(1) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``suspend'' and inserting
``indefinitely suspend without duties'';
(2) by redesignating paragraph (5) as paragraph (7);
(3) by inserting after paragraph (4) the following
new paragraphs:
``(5) Any member of the Service suspended from duties
under this subsection may be suspended without pay only
after a final written decision is provided to such
member under paragraph (2).
``(6) If no final written decision under paragraph
(2) has been provided within 1 calendar year of the
date the suspension at issue was proposed, not later
than 30 days thereafter the Secretary of State shall
report to the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate in writing regarding the
specific reasons for such delay.''; and
(4) in paragraph (7), as so redesignated--
(A) by striking ``(7) In this subsection:'';
(B) in subparagraph (A), by striking ``(A)
The term'' and inserting the following:
``(7) In this subsection, the term'';
(C) by striking subparagraph (B) (relating to
the definition of ``suspend'' and
``suspension''); and
(D) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively; and
moving such subparagraphs 2 ems to the left.
SEC. 5318. FOREIGN AFFAIRS MANUAL AND FOREIGN AFFAIRS HANDBOOK CHANGES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act and every 180 days thereafter for 5
years, the Secretary shall submit to the appropriate
congressional committees a report detailing all changes made to
the Foreign Affairs Manual or the Foreign Affairs Handbook.
(b) Covered Periods.--The first report required under
subsection (a) shall cover the 5-year period preceding the
submission of such report. Each subsequent report shall cover
the 180 day period preceding submission.
(c) Contents.--Each report required under subsection (a)
shall contain the following:
(1) The location within the Foreign Affairs Manual or
the Foreign Affairs Handbook where a change has been
made.
(2) The statutory basis for each such change.
(3) A side-by-side comparison of the Foreign Affairs
Manual or Foreign Affairs Handbook before and after
such change.
(4) A summary of such changes displayed in
spreadsheet form.
SEC. 5319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPATIONAL REQUIREMENTS OF
CERTAIN POSITIONS.
The Secretary of State may waive any or all of the individual
occupational requirements with respect to an employee or
prospective employee of the Department of State for a civilian
position categorized under the GS-0130 occupational series if
the Secretary determines that the individual possesses
significant scientific, technological, engineering, or
mathematical expertise that is integral to performing the
duties of the applicable position, based on demonstrated job
performance and qualifying experience. With respect to each
waiver granted under this subsection, the Secretary shall set
forth in a written document that is transmitted to the Director
of the Office of Personnel Management the rationale for the
decision of the Secretary to waive such requirements.
SEC. 5320. APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGEMENT CENTER.
The Secretary may appoint, for a 3-year period that may be
extended for up to an additional 2 years, solely to carry out
the functions of the Global Engagement Center, employees of the
Department without regard to the provisions of title 5, United
States Code, governing appointment in the competitive service,
and may fix the basic compensation of such employees without
regard to chapter 51 and subchapter III of chapter 53 of such
title.
SEC. 5321. REST AND RECUPERATION AND OVERSEAS OPERATIONS LEAVE FOR
FEDERAL EMPLOYEES.
(a) In General.--Subchapter II of chapter 63 of title 5,
United States Code, is amended by adding at the end the
following new sections:
``Sec. 6329d. Rest and recuperation leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as
that term is defined in section 105), but does not
include the Government Accountability Office;
``(2) the term `combat zone' means a geographic area
designated by an Executive order of the President as an
area in which the Armed Forces are engaging or have
engaged in combat, an area designated by law to be
treated as a combat zone, or a location the Department
of Defense has certified for combat zone tax benefits
due to its direct support of military operations;
``(3) the term `employee' has the meaning given that
term in section 6301;
``(4) the term `high risk, high threat post' has the
meaning given that term in section 104 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22
U.S.C. 4803); and
``(5) the term `leave year' means the period
beginning on the first day of the first complete pay
period in a calendar year and ending on the day
immediately before the first day of the first complete
pay period in the following calendar year.
``(b) Leave for Rest and Recuperation.--The head of an agency
may prescribe regulations to grant up to 20 days of paid leave,
per leave year, for the purposes of rest and recuperation to an
employee of the agency serving in a combat zone, any other high
risk, high threat post, or any other location presenting
significant security or operational challenges.
``(c) Discretionary Authority of Agency Head.--Use of the
authority under subsection (b) is at the sole and exclusive
discretion of the head of the agency concerned.
``(d) Records.--An agency shall record leave provided under
this section separately from leave authorized under any other
provision of law.
``Sec. 6329e. Overseas operations leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as
that term is defined in section 105), but does not
include the Government Accountability Office;
``(2) the term `employee' has the meaning given that
term in section 6301; and
``(3) the term `leave year' means the period
beginning with the first day of the first complete pay
period in a calendar year and ending with the day
immediately before the first day of the first complete
pay period in the following calendar year.
``(b) Leave for Overseas Operations.--The head of an agency
may prescribe regulations to grant up to 10 days of paid leave,
per leave year, to an employee of the agency serving abroad
where the conduct of business could pose potential security or
safety related risks or would be inconsistent with host-country
practice. Such regulations may provide that additional leave
days may be granted during such leave year if the head of the
agency determines that to do so is necessary to advance the
national security or foreign policy interests of the United
States.
``(c) Discretionary Authority of Agency Head.--Use of the
authority under subsection (b) is at the sole and exclusive
discretion of the head of the agency concerned.
``(d) Records.--An agency shall record leave provided under
this section separately from leave authorized under any other
provision of law.''.
(b) Clerical Amendments.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 6329c the following new items:
``6329d. Rest and recuperation leave
``6329e. Overseas operations leave''.
TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
SEC. 5401. DEFINITIONS.
In this title:
(1) Applicant flow data.--The term ``applicant flow
data'' means data that tracks the rate of applications
for job positions among demographic categories.
(2) Demographic data.--The term ``demographic data''
means facts or statistics relating to the demographic
categories specified in the Office of Management and
Budget statistical policy directive entitled
``Standards for Maintaining, Collecting, and Presenting
Federal Data on Race and Ethnicity'' (81 Fed. Reg.
67398).
(3) Diversity.--The term ``diversity'' means those
classes of persons protected under the Civil Rights Act
of 1964 (42 U.S.C. 2000a et seq.) and the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.).
(4) Workforce.--The term ``workforce'' means--
(A) individuals serving in a position in the
civil service (as defined in section 2101 of
title 5, United States Code);
(B) individuals who are members of the
Foreign Service (as defined in section 103 of
the Foreign Service Act of 1980 (22 U.S.C.
3902));
(C) all individuals serving under a personal
services agreement or personal services
contract;
(D) all individuals serving under a Foreign
Service Limited appointment under section 309
of the Foreign Service Act of 1980; or
(E) individuals working in the Department of
State under any other authority.
SEC. 5402. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA.
(a) Initial Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall, in
consultation with the Director of the Office of Personnel
Management and the Director of the Office of Management and
Budget, submit to the appropriate congressional committees a
report, which shall also be posted on a publicly available
website of the Department in a searchable database format, that
includes disaggregated demographic data and other information
regarding the diversity of the workforce of the Department.
(b) Data.--The report under subsection (a) shall include the
following data:
(1) Demographic data on each element of the workforce
of the Department, disaggregated by rank and grade or
grade-equivalent, with respect to the following groups:
(A) Applicants for positions in the
Department.
(B) Individuals hired to join the workforce.
(C) Individuals promoted during the 2-year
period ending on the date of the enactment of
this Act, including promotions to and within
the Senior Executive Service or the Senior
Foreign Service.
(D) Individuals serving on applicable
selection boards.
(E) Members of any external advisory
committee or board who are subject to
appointment by individuals at senior positions
in the Department.
(F) Individuals participating in professional
development programs of the Department, and the
extent to which such participants have been
placed into senior positions within the
Department after such participation.
(G) Individuals participating in mentorship
or retention programs.
(H) Individuals who separated from the agency
during the 2-year period ending on the date of
the enactment of this Act, including
individuals in the Senior Executive Service or
the Senior Foreign Service.
(2) An assessment of agency compliance with the
essential elements identified in Equal Employment
Opportunity Commission Management Directive 715,
effective October 1, 2003.
(3) Data on the overall number of individuals who are
part of the workforce, the percentages of such
workforce corresponding to each element listed in
section 5401(4), and the percentages corresponding to
each rank, grade, or grade-equivalent.
(c) Recommendation.--The Secretary may include in the report
under subsection (a) a recommendation to the Director of Office
of Management and Budget and to the appropriate congressional
committees regarding whether the Department should collect more
detailed data on demographic categories in addition to the race
and ethnicity categories specified in the Office of Management
and Budget statistical policy directive entitled ``Standards
for Maintaining, Collecting, and Presenting Federal Data on
Race and Ethnicity'' (81 Fed. Reg. 67398).
(d) Other Contents.--The report under subsection (a) shall
also describe and assess the effectiveness of the efforts of
the Department--
(1) to propagate fairness, impartiality, and
inclusion in the work environment, both domestically
and abroad;
(2) to enforce anti-harassment and anti-
discrimination policies, both domestically and at posts
overseas;
(3) to refrain from engaging in unlawful
discrimination in any phase of the employment process,
including recruitment, hiring, evaluation, assignments,
promotion, retention, and training;
(4) to prevent illegal retaliation against employees
for participating in a protected equal employment
opportunity activity or for reporting sexual harassment
or sexual assault;
(5) to provide reasonable accommodation for qualified
employees and applicants with disabilities; and
(6) to recruit a representative workforce by--
(A) recruiting women and minorities;
(B) recruiting at women's colleges,
historically Black colleges and universities,
minority-serving institutions, and other
institutions serving a significant percentage
of minority students;
(C) placing job advertisements in newspapers,
magazines, and job sites oriented toward women
and minorities;
(D) sponsoring and recruiting at job fairs in
urban and rural communities and land-grant
colleges or universities;
(E) providing opportunities through the
Foreign Service Internship Program under
chapter 12 of the Foreign Service Act of 1980
(22 U.S.C. 4141 et seq.) and other hiring
initiatives;
(F) recruiting mid-level and senior-level
professionals through programs designed to
increase minority representation in
international affairs;
(G) offering the Foreign Service written and
oral assessment examinations in several
locations throughout the United States to
reduce the burden of applicants having to
travel at their own expense to take either or
both such examinations;
(H) expanding the use of paid internships;
and
(I) supporting recruiting and hiring
opportunities through--
(i) the Charles B. Rangel
International Affairs Fellowship
Program;
(ii) the Thomas R. Pickering Foreign
Affairs Fellowship Program;
(iii) the Donald M. Payne
International Development Fellowship
Program; and
(iv) other initiatives, including
agency-wide policy initiatives.
(e) Annual Updates.--Not later than 1 year after the
publication of the report required under subsection (a) and
annually thereafter for the following 5 years, the Secretary
shall work with the Director of the Office of Personnel
Management and the Director of the Office of Management and
Budget to provide a report to the appropriate congressional
committees, which shall be posted on the Department's website,
which may be included in another annual report required under
another provision of law, that includes--
(1) disaggregated demographic data relating to the
workforce and information on the status of diversity
and inclusion efforts of the Department;
(2) an analysis of applicant flow data; and
(3) disaggregated demographic data relating to
participants in professional development programs of
the Department and the rate of placement into senior
positions for participants in such programs.
SEC. 5403. EXIT INTERVIEWS FOR WORKFORCE.
(a) Retained Members.--The Director General of the Foreign
Service and the Director of Human Resources of the Department
shall conduct periodic interviews with a representative and
diverse cross-section of the workforce of the Department--
(1) to understand the reasons of individuals in such
workforce for remaining in a position in the
Department; and
(2) to receive feedback on workplace policies,
professional development opportunities, and other
issues affecting the decision of individuals in the
workforce to remain in the Department.
(b) Departing Members.--The Director General of the Foreign
Service and the Director of Human Resources shall provide an
opportunity for an exit interview to each individual in the
workforce of the Department who separates from service with the
Department to better understand the reasons of such individual
for leaving such service.
(c) Use of Analysis From Interviews.--The Director General of
the Foreign Service and the Director of Human Resources shall
analyze demographic data and other information obtained through
interviews under subsections (a) and (b) to determine--
(1) to what extent, if any, the diversity of those
participating in such interviews impacts the results;
and
(2) whether to implement any policy changes or
include any recommendations in a report required under
subsection (a) or (e) of section 5402 relating to the
determination reached pursuant to paragraph (1).
(d) Tracking Data.--The Department shall--
(1) track demographic data relating to participants
in professional development programs and the rate of
placement into senior positions for participants in
such programs;
(2) annually evaluate such data--
(A) to identify ways to improve outreach and
recruitment for such programs, consistent with
merit system principles; and
(B) to understand the extent to which
participation in any professional development
program offered or sponsored by the Department
differs among the demographic categories of the
workforce; and
(3) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation, in such professional
development programs.
SEC. 5404. RECRUITMENT AND RETENTION.
(a) In General.--The Secretary shall--
(1) continue to seek a diverse and talented pool of
applicants; and
(2) instruct the Director General of the Foreign
Service and the Director of the Bureau of Human
Resources of the Department to have a recruitment plan
of action for the recruitment of people belonging to
traditionally under-represented groups, which should
include outreach at appropriate colleges, universities,
affinity groups, and professional associations.
(b) Scope.--The diversity recruitment initiatives described
in subsection (a) shall include--
(1) recruiting at women's colleges, historically
Black colleges and universities, minority-serving
institutions, and other institutions serving a
significant percentage of minority students;
(2) placing job advertisements in newspapers,
magazines, and job sites oriented toward diverse
groups;
(3) sponsoring and recruiting at job fairs in urban
and rural communities and land-grant colleges or
universities;
(4) providing opportunities through highly respected,
international leadership programs, that focus on
diversity recruitment and retention;
(5) expanding the use of paid internships; and
(6) cultivating partnerships with organizations
dedicated to the advancement of the profession of
international affairs and national security to advance
shared diversity goals.
(c) Expand Training on Anti-Harassment and Anti-
Discrimination.--
(1) In general.--The Secretary shall, through the
Foreign Service Institute and other educational and
training opportunities--
(A) ensure the provision to all individuals
in the workforce of training on anti-harassment
and anti-discrimination information and
policies, including in existing Foreign Service
Institute courses or modules prioritized in the
Department's Diversity and Inclusion Strategic
Plan for 2016-2020 to promote diversity in
Bureau awards or mitigate unconscious bias;
(B) expand the provision of training on
workplace rights and responsibilities to focus
on anti-harassment and anti-discrimination
information and policies, including policies
relating to sexual assault prevention and
response; and
(C) make such expanded training mandatory
for--
(i) individuals in senior and
supervisory positions;
(ii) individuals having
responsibilities related to
recruitment, retention, or promotion of
employees; and
(iii) any other individual determined
by the Department who needs such
training based on analysis by the
Department or OPM analysis.
(2) Best practices.--The Department shall give
special attention to ensuring the continuous
incorporation of research-based best practices in
training provided under this subsection.
SEC. 5405. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.
(a) Reward and Recognize Efforts To Promote Diversity and
Inclusion.--
(1) In general.--The Secretary shall implement
performance and advancement requirements that reward
and recognize the efforts of individuals in senior
positions and supervisors in the Department in
fostering an inclusive environment and cultivating
talent consistent with merit system principles, such as
through participation in mentoring programs or
sponsorship initiatives, recruitment events, and other
similar opportunities.
(2) Outreach events.--The Secretary shall create
opportunities for individuals in senior positions and
supervisors in the Department to participate in
outreach events and to discuss issues relating to
diversity and inclusion with the workforce on a regular
basis, including with employee resource groups.
(b) External Advisory Committees and Boards.--For each
external advisory committee or board to which individuals in
senior positions in the Department appoint members, the
Secretary is strongly encouraged by Congress to ensure such
external advisory committee or board is developed, reviewed,
and carried out by qualified teams that represent the diversity
of the organization.
SEC. 5406. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS.
(a) Expand Provision of Professional Development and Career
Advancement Opportunities.--
(1) In general.--The Secretary is authorized to
expand professional development opportunities that
support the mission needs of the Department, such as--
(A) academic programs;
(B) private-public exchanges; and
(C) detail assignments to relevant positions
in--
(i) private or international
organizations;
(ii) State, local, and Tribal
governments;
(iii) other branches of the Federal
Government; or
(iv) professional schools of
international affairs.
(2) Training for senior positions.--
(A) In general.--The Secretary shall offer,
or sponsor members of the workforce to
participate in, a Senior Executive Service
candidate development program or other program
that trains members on the skills required for
appointment to senior positions in the
Department.
(B) Requirements.--In determining which
members of the workforce are granted
professional development or career advancement
opportunities under subparagraph (A), the
Secretary shall--
(i) ensure any program offered or
sponsored by the Department under such
subparagraph comports with the
requirements of subpart C of part 412
of title 5, Code of Federal
Regulations, or any successor thereto,
including merit staffing and assessment
requirements;
(ii) consider the number of expected
vacancies in senior positions as a
factor in determining the number of
candidates to select for such programs;
(iii) understand how participation in
any program offered or sponsored by the
Department under such subparagraph
differs by gender, race, national
origin, disability status, or other
demographic categories; and
(iv) actively encourage participation
from a range of demographic categories,
especially from categories with
consistently low participation.
SEC. 5407. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN SERVICE.
(a) Sense of Congress.--It is the sense of Congress that the
Department should offer both the Foreign Service written
examination and oral assessment in more locations throughout
the United States. Doing so would ease the financial burden on
potential candidates who do not currently reside in and must
travel at their own expense to one of the few locations where
these assessments are offered.
(b) Foreign Service Examinations.--Section 301(b) of the
Foreign Service Act of 1980 (22 U.S.C. 3941) is amended--
(1) by striking ``The Secretary'' and inserting:
``(1) The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall ensure that the Board of Examiners
for the Foreign Service annually offers the oral assessment
examinations described in paragraph (1) in cities, chosen on a
rotating basis, located in at least three different time zones
across the United States.''.
SEC. 5408. PAYNE FELLOWSHIP AUTHORIZATION.
(a) In General.--Undergraduate and graduate components of the
Donald M. Payne International Development Fellowship Program
may conduct outreach to attract outstanding students with an
interest in pursuing a Foreign Service career who represent
diverse ethnic and socioeconomic backgrounds.
(b) Review of Past Programs.--The Secretary shall review past
programs designed to increase minority representation in
international affairs positions.
SEC. 5409. VOLUNTARY PARTICIPATION.
(a) In General.--Nothing in this title should be construed so
as to compel any employee to participate in the collection of
the data or divulge any personal information. Department
employees shall be informed that their participation in the
data collection contemplated by this title is voluntary.
(b) Privacy Protection.--Any data collected under this title
shall be subject to the relevant privacy protection statutes
and regulations applicable to Federal employees.
TITLE V--INFORMATION SECURITY
SEC. 5501. DEFINITIONS.
In this title:
(1) Information system.--The term ``information
system'' has the meaning given such term in section
3502 of title 44, United States Code.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section
3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4)).
(3) Relevant congressional committees.--The term
``relevant congressional committees'' means--
(A) the appropriate congressional committees;
(B) the Select Committee on Intelligence of
the Senate; and
(C) the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 5502. INFORMATION SYSTEM SECURITY.
(a) Definitions.--In this section:
(1) Incident.--The term ``incident'' has the meaning
given such term in section 3552(b) of title 44, United
States Code.
(2) Penetration test.--The term ``penetration test''
means a test methodology in which assessors attempt to
circumvent or defeat the security features of an
information system.
(b) Consultations Process.--Not later than 60 days after the
date of the enactment of this Act, the Secretary shall
establish a process for conducting semiannual consultations
with the Secretary of Defense, the Director of National
Intelligence, the Secretary of Homeland Security, and any other
department or agency representative who the Secretary
determines to be appropriate regarding the security of United
States Government and nongovernmental information systems used
or operated by the Department, a contractor of the Department,
or another organization on behalf of the Department, including
any such systems or networks facilitating the use of sensitive
or classified information.
(c) Independent Penetration Testing of Information Systems.--
In coordination with the consultations under subsection (b),
the Secretary shall commission independent, semiannual
penetration tests, which shall be carried out by an appropriate
Federal department or agency other than the Department, such as
the Department of Homeland Security or the National Security
Agency, to ensure that adequate policies and protections are
implemented to detect and prevent penetrations or compromises
of such information systems, including malicious intrusions by
any unauthorized individual, state actor, or other entity.
(d) Waiver.--The Secretary may waive the requirement under
subsection (c) for up to 1 year if the Secretary--
(1) determines that such requirement would have
adverse effects on national security or the diplomatic
mission of the Department; and
(2) not later than 30 days after the commencement of
such a determination, submits to the relevant
congressional committees a written justification that
describes how such penetration tests would undermine
national security or the diplomatic mission of the
Department.
(e) Incident Reporting.--Not later than 180 days after the
date of the enactment of this Act and annually thereafter for 3
years, the Secretary, in consultation with the Secretary of
Defense, the Director of the National Intelligence, the
Secretary of Homeland Security, and any other department or
agency representative who the Secretary determines to be
appropriate, shall securely submit to the relevant
congressional committees a classified report that describes in
detail the following:
(1) For the first reporting period, all known and
suspected incidents affecting the information systems
specified in subsection (b) that occurred during the
180-day period immediately preceding the date of the
enactment of this Act.
(2) For all subsequent reporting periods, all known
and suspected incidents affecting the information
systems specified in subsection (b) that occurred since
the submission of the most recent report.
(f) Contents.--Each report under subsection (e) shall
include, for the relevant reporting period, a summary overview
addressing the following:
(1) A description of the relevant information system,
as specified in subsection (b), that experienced a
known or suspected incident.
(2) An assessment of the date and time each such
incident occurred or was suspected to have occurred.
(3) An assessment of the duration over which each
such incident took place or is suspected of having
taken place, including whether such incident is
ongoing.
(4) An assessment of the volume and sensitivity of
information accessed, compromised, or potentially
compromised by each incident, including any such
information contained on information systems owned,
operated, managed, or utilized by any other Federal
department or agency.
(5) An assessment of whether such information system
was compromised by such incident, including an
assessment of the following:
(A) The known or suspected perpetrators,
including state actors.
(B) The methods used to carry out the
incident.
(C) The known or suspected intent of the
actors in accessing the information system.
(6) A description of the actions the Department has
taken or plans to take, including timelines and
descriptions of any progress on plans described in
prior reports, to prevent future, similar incidents
affecting such information systems.
SEC. 5503. PROHIBITION ON CONTRACTING WITH CERTAIN TELECOMMUNICATIONS
PROVIDERS.
(a) List of Covered Contractors.--Not later than 30 days
after the date of the enactment of this Act, the Secretary, in
consultation with the Director of National Intelligence, shall
develop or maintain, as the case may be, and update as
frequently as the Secretary determines appropriate, a list of
covered contractors with respect to which the prohibition
specified in subsection (b) shall apply. Not later than 30 days
after the initial development of the list under this
subsection, any update thereto, and annually thereafter for 5
years after such initial 30 day period, the Secretary shall
submit to the appropriate congressional committees a copy of
such list.
(b) Prohibition on Contracts.--The Secretary may not enter
into a contract with a covered contractor on the list described
in subsection (a).
(c) Removal From List.--To be removed from the list described
in subsection (a), a covered contractor may submit a request to
the Secretary in such manner as the Secretary determines
appropriate. The Secretary, in consultation with the Director
of National Intelligence, shall determine a process for
removing covered contractors from the list, as appropriate, and
publicly disclose such process.
(d) Waivers.--
(1) In general.--The President or the Secretary may
waive the prohibition specified in subsection (b) if
the President or the Secretary determines that such
waiver is justified for national security reasons.
(2) Waiver for overseas operations.--The Secretary
may waive the prohibition specified in subsection (b)
for United States diplomatic posts or diplomatic
personnel overseas if the Secretary, in consultation
with the Director of National Intelligence, determines
that no suitable alternatives are available.
(e) Covered Contractor Defined.--In this section, the term
``covered contractor'' means a provider of telecommunications,
telecommunications equipment, or information technology
equipment, including hardware, software, or services, that has
knowingly assisted or facilitated a cyber attack or conducted
surveillance, including passive or active monitoring, carried
out against--
(1) the United States by, or on behalf of, any
government, or persons associated with such government,
listed as a cyber threat actor in the intelligence
community's 2017 assessment of worldwide threats to
United States national security or any subsequent
worldwide threat assessment of the intelligence
community; or
(2) individuals, including activists, journalists,
opposition politicians, or other individuals for the
purposes of suppressing dissent or intimidating
critics, on behalf of a country included in the annual
country reports on human rights practices of the
Department for systematic acts of political repression,
including arbitrary arrest or detention, torture,
extrajudicial or politically motivated killing, or
other gross violations of human rights.
(f) Effective Date.--This section shall apply with respect to
contracts of a covered contractor entered into on or after the
date of the enactment of this Act.
SEC. 5504. PRESERVING RECORDS OF ELECTRONIC COMMUNICATIONS CONDUCTED
RELATED TO OFFICIAL DUTIES OF POSITIONS IN THE
PUBLIC TRUST OF THE AMERICAN PEOPLE.
(a) Sense of Congress.--It is the sense of Congress that, as
a matter of rule of law and transparency in a democratic
government, all officers and employees of the Department and
the United States Agency for International Development must
preserve all records of communications conducted in their
official capacities or related to their official duties with
entities outside of the United States Government. It is further
the sense of Congress that such practice should include foreign
government officials or other foreign entities which may seek
to influence United States Government policies and actions.
(b) Publication.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall publish in the
Foreign Affairs Manual guidance implementing chapter 31 of
title 44, United States Code (commonly referred to as the
``Federal Records Act''), to treat electronic messaging
systems, software, and applications as equivalent to electronic
mail for the purpose of identifying Federal records, and shall
also publish in the Foreign Affairs Manual the statutory
penalties for failure to comply with such guidance. No funds
are authorized to be appropriated or made available to the
Department of State under any Act to support the use or
establishment of accounts on third-party messaging applications
or other non-Government online communication tools if the
Secretary does not certify to the relevant congressional
committees that the Secretary has carried out this section.
SEC. 5505. FOREIGN RELATIONS OF THE UNITED STATES (FRUS) SERIES AND
DECLASSIFICATION.
The State Department Basic Authorities Act of 1956 is
amended--
(1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by
striking ``26'' and inserting ``20''; and
(2) in section 404 (22 U.S.C. 4354)--
(A) in subsection (a)(1), by striking
``30''and inserting ``25''; and
(B) in subsection (c)(1)(C), by striking
``30'' and inserting ``25''.
SEC. 5506. VULNERABILITY DISCLOSURE POLICY AND BUG BOUNTY PILOT
PROGRAM.
(a) Definitions.--In this section:
(1) Bug bounty program.--The term ``bug bounty
program'' means a program under which an approved
individual, organization, or company is temporarily
authorized to identify and report vulnerabilities of
internet-facing information technology of the
Department in exchange for compensation.
(2) Department.--The term ``Department'' means the
Department of State.
(3) Information technology.--The term ``information
technology'' has the meaning given such term in section
11101 of title 40, United States Code.
(4) Secretary.--The term ``Secretary'' means the
Secretary of State.
(b) Department of State Vulnerability Disclosure Process.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
design, establish, and make publicly known a
Vulnerability Disclosure Process (VDP) to improve
Department cybersecurity by--
(A) providing security researchers with clear
guidelines for--
(i) conducting vulnerability
discovery activities directed at
Department information technology; and
(ii) submitting discovered security
vulnerabilities to the Department; and
(B) creating Department procedures and
infrastructure to receive and fix discovered
vulnerabilities.
(2) Requirements.--In establishing the VDP pursuant
to paragraph (1), the Secretary shall--
(A) identify which Department information
technology should be included in the process;
(B) determine whether the process should
differentiate among and specify the types of
security vulnerabilities that may be targeted;
(C) provide a readily available means of
reporting discovered security vulnerabilities
and the form in which such vulnerabilities
should be reported;
(D) identify which Department offices and
positions will be responsible for receiving,
prioritizing, and addressing security
vulnerability disclosure reports;
(E) consult with the Attorney General
regarding how to ensure that individuals,
organizations, and companies that comply with
the requirements of the process are protected
from prosecution under section 1030 of title
18, United States Code, and similar provisions
of law for specific activities authorized under
the process;
(F) consult with the relevant offices at the
Department of Defense that were responsible for
launching the 2016 Vulnerability Disclosure
Program, ``Hack the Pentagon'', and subsequent
Department of Defense bug bounty programs;
(G) engage qualified interested persons,
including nongovernmental sector
representatives, about the structure of the
process as constructive and to the extent
practicable; and
(H) award contracts to entities, as
necessary, to manage the process and implement
the remediation of discovered security
vulnerabilities.
(3) Annual reports.--Not later than 180 days after
the establishment of the VDP under paragraph (1) and
annually thereafter for the next 5 years, the Secretary
of State shall submit to the Committee on Foreign
Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report
on the VDP, including information relating to the
following:
(A) The number and severity, in accordance
with the National Vulnerabilities Database of
the National Institute of Standards and
Technology, of security vulnerabilities
reported.
(B) The number of previously unidentified
security vulnerabilities remediated as a
result.
(C) The current number of outstanding
previously unidentified security
vulnerabilities and Department of State
remediation plans.
(D) The average length of time between the
reporting of security vulnerabilities and
remediation of such vulnerabilities.
(E) The resources, surge staffing, roles, and
responsibilities within the Department used to
implement the VDP and complete security
vulnerability remediation.
(F) Any other information the Secretary
determines relevant.
(c) Department of State Bug Bounty Pilot Program.--
(1) In general.--Not later than 1 year after the date
of the enactment of this Act, the Secretary shall
establish a bug bounty pilot program to minimize
security vulnerabilities of internet-facing information
technology of the Department.
(2) Requirements.--In establishing the pilot program
described in paragraph (1), the Secretary shall--
(A) provide compensation for reports of
previously unidentified security
vulnerabilities within the websites,
applications, and other internet-facing
information technology of the Department that
are accessible to the public;
(B) award contracts to entities, as
necessary, to manage such pilot program and for
executing the remediation of security
vulnerabilities identified pursuant to
subparagraph (A);
(C) identify which Department information
technology should be included in such pilot
program;
(D) consult with the Attorney General on how
to ensure that individuals, organizations, or
companies that comply with the requirements of
such pilot program are protected from
prosecution under section 1030 of title 18,
United States Code, and similar provisions of
law for specific activities authorized under
such pilot program;
(E) consult with the relevant offices at the
Department of Defense that were responsible for
launching the 2016 ``Hack the Pentagon'' pilot
program and subsequent Department of Defense
bug bounty programs;
(F) develop a process by which an approved
individual, organization, or company can
register with the entity referred to in
subparagraph (B), submit to a background check
as determined by the Department, and receive a
determination as to eligibility for
participation in such pilot program;
(G) engage qualified interested persons,
including nongovernmental sector
representatives, about the structure of such
pilot program as constructive and to the extent
practicable; and
(H) consult with relevant United States
Government officials to ensure that such pilot
program complements persistent network and
vulnerability scans of the Department of
State's internet-accessible systems, such as
the scans conducted pursuant to Binding
Operational Directive BOD-15-01.
(3) Duration.--The pilot program established under
paragraph (1) should be short-term in duration and not
last longer than 1 year.
(4) Report.--Not later than 180 days after the date
on which the bug bounty pilot program under subsection
(a) is completed, the Secretary shall submit to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives a report on such pilot program,
including information relating to--
(A) the number of approved individuals,
organizations, or companies involved in such
pilot program, broken down by the number of
approved individuals, organizations, or
companies that--
(i) registered;
(ii) were approved;
(iii) submitted security
vulnerabilities; and
(iv) received compensation;
(B) the number and severity, in accordance
with the National Vulnerabilities Database of
the National Institute of Standards and
Technology, of security vulnerabilities
reported as part of such pilot program;
(C) the number of previously unidentified
security vulnerabilities remediated as a result
of such pilot program;
(D) the current number of outstanding
previously unidentified security
vulnerabilities and Department remediation
plans;
(E) the average length of time between the
reporting of security vulnerabilities and
remediation of such vulnerabilities;
(F) the types of compensation provided under
such pilot program; and
(G) the lessons learned from such pilot
program.
TITLE VI--PUBLIC DIPLOMACY
SEC. 5601. SHORT TITLE.
This title may be cited as the ``Public Diplomacy
Modernization Act of 2020''.
SEC. 5602. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.
The Secretary shall--
(1) identify opportunities for greater efficiency of
operations, including through improved coordination of
efforts across public diplomacy bureaus and offices of
the Department; and
(2) maximize shared use of resources between, and
within, such public diplomacy bureaus and offices in
cases in which programs, facilities, or administrative
functions are duplicative or substantially overlapping.
SEC. 5603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC DIPLOMACY.
(a) Research and Evaluation Activities.--The Secretary,
acting through the Director of Research and Evaluation
appointed pursuant to subsection (b), shall--
(1) conduct regular research and evaluation of public
diplomacy programs and activities of the Department,
including through the routine use of audience research,
digital analytics, and impact evaluations, to plan and
execute such programs and activities; and
(2) make available to Congress the findings of the
research and evaluations conducted under paragraph (1).
(b) Director of Research and Evaluation.--
(1) Appointment.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall
appoint a Director of Research and Evaluation (referred
to in this subsection as the ``Director'') in the
Office of Policy, Planning, and Resources for Public
Diplomacy and Public Affairs of the Department.
(2) Limitation on appointment.--The appointment of
the Director pursuant to paragraph (1) shall not result
in an increase in the overall full-time equivalent
positions within the Department.
(3) Responsibilities.--The Director shall--
(A) coordinate and oversee the research and
evaluation of public diplomacy programs and
activities of the Department in order to--
(i) improve public diplomacy
strategies and tactics; and
(ii) ensure that such programs and
activities are increasing the
knowledge, understanding, and trust of
the United States by relevant target
audiences;
(B) routinely organize and oversee audience
research, digital analytics, and impact
evaluations across all public diplomacy bureaus
and offices of the Department;
(C) support United States diplomatic posts'
public affairs sections;
(D) share appropriate public diplomacy
research and evaluation information within the
Department and with other appropriate Federal
departments and agencies;
(E) regularly design and coordinate
standardized research questions, methodologies,
and procedures to ensure that public diplomacy
programs and activities across all public
diplomacy bureaus and offices are designed to
meet appropriate foreign policy objectives; and
(F) report biannually to the United States
Advisory Commission on Public Diplomacy,
through the Subcommittee on Research and
Evaluation established pursuant to subsection
(f), regarding the research and evaluation of
all public diplomacy bureaus and offices.
(4) Guidance and training.--Not later than 1 year
after the appointment of the Director pursuant to
paragraph (1), the Director shall develop guidance and
training, including curriculum for use by the Foreign
Service Institute, for all public diplomacy officers of
the Department regarding the reading and interpretation
of public diplomacy program and activity evaluation
findings to ensure that such findings and related
lessons learned are implemented in the planning and
evaluation of all public diplomacy programs and
activities of the Department.
(c) Prioritizing Research and Evaluation.--
(1) In general.--The head of the Office of Policy,
Planning, and Resources for Public Diplomacy and Public
Affairs of the Department shall ensure that research
and evaluation of public diplomacy and activities of
the Department, as coordinated and overseen by the
Director pursuant to subsection (b), supports strategic
planning and resource allocation across all public
diplomacy bureaus and offices of the Department.
(2) Allocation of resources.--Amounts allocated for
the purpose of research and evaluation of public
diplomacy programs and activities of the Department
pursuant to subsection (b) shall be made available to
be disbursed at the direction of the Director of
Research and Evaluation among the research and
evaluation staff across all public diplomacy bureaus
and offices of the Department.
(3) Sense of congress.--It is the sense of Congress
that the Department should gradually increase its
allocation of funds made available under the headings
``Educational and Cultural Exchange Programs'' and
``Diplomatic Programs'' for research and evaluation of
public diplomacy programs and activities of the
Department pursuant to subsection (b) to a percentage
of program funds that is commensurate with Federal
Government best practices.
(d) Limited Exemption Relating to the Privacy Act.--
(1) In general.--The Department shall maintain,
collect, use, and disseminate records (as such term is
defined in section 552a(a)(4) of title 5, United States
Code) for audience research, digital analytics, and
impact evaluation of communications related to public
diplomacy efforts intended for foreign audiences.
(2) Conditions.--Audience research, digital
analytics, and impact evaluations under paragraph (1)
shall be--
(A) reasonably tailored to meet the purposes
of this subsection; and
(B) carried out with due regard for privacy
and civil liberties guidance and oversight.
(e) United States Advisory Commission on Public Diplomacy.--
(1) Subcommittee for research and evaluation.--The
United States Advisory Commission on Public Diplomacy
shall establish a Subcommittee on Research and
Evaluation to monitor and advise regarding audience
research, digital analytics, and impact evaluations
carried out by the Department and the United States
Agency for Global Media.
(2) Annual report.--The Subcommittee on Research and
Evaluation established pursuant to paragraph (1) shall
submit to the appropriate congressional committees an
annual report, in conjunction with the United States
Advisory Commission on Public Diplomacy's Comprehensive
Annual Report on the performance of the Department and
the United States Agency for Global Media, describing
all actions taken by the Subcommittee pursuant to
paragraph (1) and any findings made as a result of such
actions.
SEC. 5604. PERMANENT REAUTHORIZATION OF THE UNITED STATES ADVISORY
COMMISSION ON PUBLIC DIPLOMACY.
Section 1334 of the Foreign Affairs Reform and Restructuring
Act of 1998 (22 U.S.C. 6553) is amended--
(1) in the section heading, by striking ``sunset''
and inserting ``continuation''; and
(2) by striking ``until October 1, 2020''.
SEC. 5605. STREAMLINING OF SUPPORT FUNCTIONS.
(a) Working Group Established.--Not later than 60 days after
the date of the enactment of this Act, the Secretary shall
establish a working group to explore the possibilities and
cost-benefit analysis of transitioning to a shared services
model as such pertains to human resources, travel, purchasing,
budgetary planning, and all other executive support functions
for all bureaus of the Department that report to the Under
Secretary for Public Diplomacy of the Department.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a plan to implement any
such findings of the working group established under subsection
(a).
SEC. 5606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY FACILITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall adopt,
and include in the Foreign Affairs Manual, guidelines to
collect and utilize information from each diplomatic post at
which the construction of a new embassy compound or new
consulate compound would result in the closure or co-location
of an American Space, American Center, American Corner, or any
other public diplomacy facility under the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865
et seq.).
(b) Requirements.--The guidelines required by subsection (a)
shall include the following:
(1) Standardized notification to each chief of
mission at a diplomatic post describing the
requirements of the Secure Embassy Construction and
Counterterrorism Act of 1999 and the impact on the
mission footprint of such requirements.
(2) An assessment and recommendations from each chief
of mission of potential impacts to public diplomacy
programming at such diplomatic post if any public
diplomacy facility referred to in subsection (a) is
closed or staff is co-located in accordance with such
Act.
(3) A process by which assessments and
recommendations under paragraph (2) are considered by
the Secretary and the appropriate Under Secretaries and
Assistant Secretaries of the Department.
(4) Notification to the appropriate congressional
committees, prior to the initiation of a new embassy
compound or new consulate compound design, of the
intent to close any such public diplomacy facility or
co-locate public diplomacy staff in accordance with
such Act.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report containing the
guidelines required under subsection (a) and any
recommendations for any modifications to such guidelines.
SEC. 5607. DEFINITIONS.
In this title:
(1) Audience research.--The term ``audience
research'' means research conducted at the outset of a
public diplomacy program or the outset of campaign
planning and design regarding specific audience
segments to understand the attitudes, interests,
knowledge, and behaviors of such audience segments.
(2) Digital analytics.--The term ``digital
analytics'' means the analysis of qualitative and
quantitative data, accumulated in digital format, to
indicate the outputs and outcomes of a public diplomacy
program or campaign.
(3) Impact evaluation.--The term ``impact
evaluation'' means an assessment of the changes in the
audience targeted by a public diplomacy program or
campaign that can be attributed to such program or
campaign.
(4) Public diplomacy bureaus and offices.--The term
``public diplomacy bureaus and offices'' means, with
respect to the Department, the following:
(A) The Bureau of Educational and Cultural
Affairs.
(B) The Bureau of Global Public Affairs.
(C) The Office of Policy, Planning, and
Resources for Public Diplomacy and Public
Affairs.
(D) The Global Engagement Center.
(E) The public diplomacy functions within the
regional and functional bureaus.
TITLE VII--COMBATING PUBLIC CORRUPTION
SEC. 5701. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is in the foreign policy interest of the
United States to help foreign countries promote good
governance and combat public corruption;
(2) multiple Federal departments and agencies operate
programs that promote good governance in foreign
countries and enhance such countries' ability to combat
public corruption;
(3) the Department should promote coordination among
the Federal departments and agencies implementing
programs to promote good governance and combat public
corruption in foreign countries in order to improve
effectiveness and efficiency; and
(4) the Department should identify areas in which
United States efforts to help other countries promote
good governance and combat public corruption could be
enhanced.
SEC. 5702. ANNUAL ASSESSMENT.
(a) In General.--For each of fiscal years 2021 through 2027,
the Secretary shall assess the capacity and commitment of
foreign countries to combat public corruption. Each such
assessment shall--
(1) utilize independent, third party indicators that
measure transparency, accountability, and corruption in
the public sector in such countries, including the
extent to which public power is exercised for private
gain, to identify those countries that are most
vulnerable to public corruption;
(2) consider, to the extent reliable information is
available, whether the government of a country
identified under paragraph (1)--
(A) has adopted measures to prevent public
corruption, such as measures to inform and
educate the public, including potential
victims, about the causes and consequences of
public corruption;
(B) has enacted laws and established
government structures, policies, and practices
that prohibit public corruption;
(C) enforces such laws through a fair
judicial process;
(D) vigorously investigates, prosecutes,
convicts, and sentences public officials who
participate in or facilitate public corruption,
including nationals of such country who are
deployed in foreign military assignments, trade
delegations abroad, or other similar missions
who engage in or facilitate public corruption;
(E) prescribes appropriate punishment for
serious, significant corruption that is
commensurate with the punishment prescribed for
serious crimes;
(F) prescribes appropriate punishment for
significant corruption that provides a
sufficiently stringent deterrent and adequately
reflects the nature of the offense;
(G) convicts and sentences persons
responsible for such acts that take place
wholly or partly within the country of such
government, including, as appropriate,
requiring the incarceration of individuals
convicted of such acts;
(H) holds private sector representatives
accountable for their role in public
corruption; and
(I) addresses threats for civil society to
monitor anti-corruption efforts; and
(3) further consider--
(A) verifiable measures taken by the
government of a country identified under
paragraph (1) to prohibit government officials
from participating in, facilitating, or
condoning public corruption, including the
investigation, prosecution, and conviction of
such officials;
(B) the extent to which such government
provides access, or, as appropriate, makes
adequate resources available, to civil society
organizations and other institutions to combat
public corruption, including reporting,
investigating, and monitoring;
(C) the extent to which an independent
judiciary or judicial body in such country is
responsible for, and effectively capable of,
deciding public corruption cases impartially,
on the basis of facts and in accordance with
law, without any improper restrictions,
influences, inducements, pressures, threats, or
interferences, whether direct or indirect, from
any source or for any reason;
(D) the extent to which such government
cooperates meaningfully with the United States
to strengthen government and judicial
institutions and the rule of law to prevent,
prohibit, and punish public corruption;
(E) the extent to which such government--
(i) is assisting in international
investigations of transnational public
corruption networks and in other
cooperative efforts to combat serious,
significant corruption, including
cooperating with the governments of
other countries to extradite corrupt
actors;
(ii) recognizes the rights of victims
of public corruption, ensures their
access to justice, and takes steps to
prevent such victims from being further
victimized or persecuted by corrupt
actors, government officials, or
others; and
(iii) refrains from prosecuting
legitimate victims of public corruption
or whistleblowers due to such persons
having assisted in exposing public
corruption, and refrains from other
discriminatory treatment of such
persons; and
(F) contain such other information relating
to public corruption as the Secretary considers
appropriate.
(b) Identification.--After conducting each assessment under
subsection (a), the Secretary shall identify the countries
described in paragraph (1) of such subsection that are--
(1) meeting minimum standards to combat public
corruption;
(2) not meeting such minimum standards but making
significant efforts to do so; and
(3) neither meeting such minimum standards nor making
significant efforts to do so.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter through fiscal
year 2026, the Secretary shall submit to the appropriate
congressional committees and make publicly available a report
that identifies the countries described in subsection (a)(1)
and paragraphs (2) and (3) of subsection (b), including a
description of the methodology and data utilized in the
assessments under subsection (a) and the reasons for such
identifications.
(d) Briefing in Lieu of Report.--The Secretary may waive the
requirement to submit and make publicly available a written
report under subsection (c) if the Secretary--
(1) determines that publication of such report
would--
(A) undermine existing United States anti-
corruption efforts in one or more countries; or
(B) threaten the national interests of the
United States; and
(2) provides a briefing to the appropriate
congressional committees that identifies the countries
described in subsection (a)(1) and paragraphs (2) and
(3) of subsection (b), including a description of the
methodology and data utilized in the assessment under
subsection (a) and the reasons for such
identifications.
SEC. 5703. TRANSPARENCY AND ACCOUNTABILITY.
For each country identified under paragraphs (2) and (3) of
section 5702(b), the Secretary, in coordination with the
Administrator of the United States Agency for International
Development, as appropriate, shall--
(1) ensure that a corruption risk assessment and
mitigation strategy is included in the integrated
country strategy for such country; and
(2) utilize appropriate mechanisms to combat
corruption in such countries, including by ensuring--
(A) the inclusion of anti-corruption clauses
in contracts, grants, and cooperative
agreements entered into by the Department or
the Agency for or in such countries, which
allow for the termination of such contracts,
grants, or cooperative agreements, as the case
may be, without penalty if credible indicators
of public corruption are discovered;
(B) the inclusion of appropriate clawback or
flowdown clauses within the procurement
instruments of the Department and the Agency
that provide for the recovery of funds
misappropriated through corruption;
(C) the appropriate disclosure to the United
States Government, in confidential form, if
necessary, of the beneficial ownership of
contractors, subcontractors, grantees,
cooperative agreement participants, and other
organizations implementing programs on behalf
of the Department or Agency; and
(D) the establishment of mechanisms for
investigating allegations of misappropriated
resources and equipment.
SEC. 5704. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT.
(a) In General.--The Secretary shall annually designate an
anti-corruption point of contact at the United States
diplomatic post to each country identified under paragraphs (2)
and (3) of section 5702(b), or which the Secretary otherwise
determines is in need of such a point of contact.
(b) Responsibilities.--Each designated anti-corruption point
of contact under subsection (a) shall be responsible for
coordinating and overseeing implementation of a whole-of-
government approach among the relevant Federal departments and
agencies that operate programs that promote good governance in
foreign countries and enhance such countries' ability to combat
public corruption in order to accomplish such objectives in the
country to which such point of contact is posted, including
through the development and implementation of corruption risk
assessment tools and mitigation strategies.
(c) Training.--The Secretary shall implement appropriate
training for designated anti-corruption points of contact under
subsection (a).
SEC. 5705. REPORTING REQUIREMENTS.
(a) Annual Report.--
(1) In general.--The Secretary shall, for each of
fiscal years 2021 through 2026, submit to the
appropriate congressional committees a report on
implementation of this title, including a description
of the following:
(A) The offices within the Department and the
United States Agency for International
Development that are engaging in significant
anti-corruption activities.
(B) The findings and actions of designated
anti-corruption points of contact to develop
and implement risk mitigation strategies and
ensure compliance with section 5703.
(C) The training implemented under section
5704(c).
(D) Management of the whole-of-government
effort referred to in section 5704(b) to combat
corruption within the countries identified in
section 5702 and efforts to improve
coordination across Federal departments and
agencies.
(E) The risk assessment tools and mitigation
strategies utilized by the Department and the
Agency.
(F) Other information determined by the
Secretary to be necessary and appropriate.
(2) Form of report.--Each report under this
subsection shall be submitted in an unclassified format
but may include a classified annex.
(b) Online Platform.--The Secretary shall consolidate
existing reports with anti-corruption components into one
online, public platform, which should--
(1) include--
(A) the annual Country Reports on Human
Rights Practices;
(B) the annual Fiscal Transparency Report;
(C) the annual Investment Climate Statements;
(D) the annual International Narcotics
Control Strategy Report;
(E) the Country Scorecards of the Millennium
Challenge Corporation; and
(F) any other relevant public reports; and
(2) link to third-party indicators and compliance
mechanisms used by the United States Government to
inform policy and programming, such as--
(A) the International Finance Corporation's
Doing Business surveys;
(B) the International Budget Partnership's
Open Budget Index; and
(C) multilateral peer review anti-corruption
compliance mechanisms, such as the Organization
for Economic Co-operation and Development's
Working Group on Bribery in International
Business Transactions and the United Nations
Convention Against Corruption, done at New York
October 31, 2003, to further highlight expert
international views on country challenges and
country efforts.
(c) Training.--The Secretary and the Administrator of the
United States Agency for International Development shall
incorporate anti-corruption components into existing Foreign
Service and Civil Service training courses to--
(1) increase the ability of Department and Agency
personnel to support anti-corruption as a foreign
policy priority; and
(2) strengthen the ability of such personnel to
design, implement, and evaluate more effective anti-
corruption programming around the world, including
enhancing skills to better evaluate and mitigate public
corruption risks in assistance programs.
SEC. 5706. FOREIGN INVESTMENTS AND NATIONAL SECURITY.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act and biennially thereafter for the
following 5 years, the Secretary, in consultation with the
Secretary of the Treasury, the Director of National
Intelligence, and the heads of other agencies, as appropriate,
shall submit to Congress an interagency strategy to work with
foreign governments and multilateral institutions to guard
against the risks of certain transactions involving foreign
investments.
(b) Contents.--Each interagency strategy under paragraph (1)
shall include plans relating to the following:
(1) Information sharing with foreign governments and
multilateral institutions regarding risks associated
with potential foreign investments.
(2) Promoting American and other alternatives to
foreign investments identified as presenting
substantial risk to the national security or
sovereignty of a country.
(3) Providing technical assistance to foreign
governments or multilateral institutions regarding
screening foreign investments.
(4) Designating points of contact at each United
States mission to foreign governments and multilateral
institutions, and in associated regional bureaus, to
coordinate efforts described in this paragraph.
(c) Coordination.--If the Secretary determines such is
appropriate, the designated points of contact referred to in
subsection (b)(4) may be the same individual designated under
section 5704(a).
TITLE VIII--MISCELLANEOUS
SEC. 5801. CASE-ZABLOCKI ACT REFORM.
Section 112b of title 1, United States Code, is amended--
(1) in subsection (a), by striking ``Committee on
International Relations'' and inserting ``Committee on
Foreign Affairs''; and
(2) by amending subsection (b) to read as follows:
``(b) Each department or agency of the United States
Government that enters into any international agreement
described in subsection (a) on behalf of the United States,
shall designate a Chief International Agreements Officer, who--
``(1) shall be a current employee of such department
or agency;
``(2) shall serve concurrently as Chief International
Agreements Officer; and
``(3) subject to the authority of the head of such
department or agency, shall have department or agency-
wide responsibility for efficient and appropriate
compliance with subsection (a) to transmit the text of
any international agreement to the Department of State
expeditiously after such agreement has been signed.''.
SEC. 5802. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT.
Section 620(q) of the Foreign Assistance Act of 1961 (22
U.S.C. 2370(q)) is amended--
(1) by striking ``No assistance'' and inserting the
following:
``(1) No assistance'';
(2) by inserting ``the government of'' before ``any
country'';
(3) by inserting ``the government of'' before ``such
country'' each place it appears;
(4) by striking ``determines'' and all that follows
and inserting ``determines, after consultation with the
Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate, that assistance for such
country is in the national interest of the United
States.''; and
(5) by adding at the end the following:
``(2) No assistance shall be furnished under this
Act, the Peace Corps Act, the Millennium Challenge Act
of 2003, the African Development Foundation Act, the
BUILD Act of 2018, section 504 of the FREEDOM Support
Act, or section 23 of the Arms Export Control Act to
the government of any country which is in default
during a period in excess of 1 calendar year in payment
to the United States of principal or interest or any
loan made to the government of such country by the
United States unless the President determines,
following consultation with the congressional
committees specified in paragraph (1), that assistance
for such country is in the national interest of the
United States.''.
SEC. 5803. PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING
INTERNATIONAL TERRORISM.
(a) Prohibition.--Subsection (a) of section 620A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371) is amended by
striking ``that the government of that country'' and all that
follows and inserting ``that the government of that country--
``(1) has repeatedly provided support for acts of
international terrorism;
``(2) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
``(3) otherwise supports international terrorism; or
``(4) is controlled by an organization designated as
a foreign terrorist organization under section 219 of
the Immigration and Nationality Act (8 U.S.C. 1189).''.
(b) Rescission.--Subsection (c) of such section is amended by
striking ``and the Chairman of the Committee on Foreign
Relations of the Senate'' and inserting ``, the Committee on
Foreign Affairs of the House of Representatives, the Committee
on Foreign Relations of the Senate, and the Committees on
Appropriations of the House of Representatives and the
Senate''.
(c) Waiver.--Subsection (d)(2) of such section is amended by
striking ``and the chairman of the Committee on Foreign
Relations of the Senate'' and inserting ``, the Committee on
Foreign Affairs of the House of Representatives, the Committee
on Foreign Relations of the Senate, and the Committees on
Appropriations of the House of Representatives and the
Senate''.
(d) Prohibition on Lethal Military Equipment Exports.--Such
section, as so amended, is further amended by adding at the end
the following:
``(e) Prohibition on Lethal Military Equipment Exports.--
``(1) Prohibition.--
``(A) In general.--The United States shall
not provide any assistance under this Act or
section 23 of the Arms Export Control Act to
any foreign government that provides lethal
military equipment to a country the government
of which the Secretary of State has determined
supports international terrorism for purposes
of section 1754(c) of the Export Control Reform
Act of 2018.
``(B) Termination.--The prohibition on
assistance under subparagraph (A) with respect
to a foreign government shall terminate 12
months after such government ceases to provide
the lethal military equipment described in such
subparagraph.
``(C) Applicability.--This subsection applies
with respect to lethal military equipment
provided under a contract entered into after
October 1, 1997.
``(2) Waiver.--The President may waive the
prohibition on assistance under paragraph (1) with
respect to a foreign government if the President
determines that to do so is important to the national
interest of the United States.
``(3) Report.--Upon the exercise of the waiver
authority pursuant to paragraph (2), the President
shall submit to the appropriate congressional
committees a report with respect to the furnishing of
assistance under the waiver authority, including--
``(A) a detailed explanation of the
assistance to be provided;
``(B) the estimated dollar amount of such
assistance; and
``(C) an explanation of how the assistance
furthers the national interest of the United
States.
``(4) Appropriate congressional committees defined.--
In this subsection, the term `appropriate congressional
committees' means--
``(A) the Committee on Foreign Affairs and
the Committee on Appropriations of the House of
Representatives; and
``(B) the Committee on Foreign Relations and
the Committee on Appropriations of the
Senate.''.
SEC. 5804. SEAN AND DAVID GOLDMAN CHILD ABDUCTION PREVENTION AND RETURN
ACT OF 2014 AMENDMENT.
Subsection (b) of section 101 of the Sean and David Goldman
International Child Abduction Prevention and Return Act of 2014
(22 U.S.C. 9111; Public Law 113-150) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting ``, respectively,''
after ``access cases''; and
(ii) by inserting ``and the number of
children involved'' before the
semicolon at the end;
(B) in subparagraph (D), by inserting
``respectively, the number of children
involved,'' after ``access cases,'';
(2) in paragraph (7), by inserting ``, and number of
children involved in such cases'' before the semicolon
at the end;
(3) in paragraph (8), by striking ``and'' after the
semicolon at the end;
(4) in paragraph (9), by striking the period at the
end and inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(10) the total number of pending cases the
Department of State has assigned to case officers and
number of children involved for each country and as a
total for all countries.''.
SEC. 5805. MODIFICATION OF AUTHORITIES OF COMMISSION FOR THE
PRESERVATION OF AMERICA'S HERITAGE ABROAD.
(a) In General.--Chapter 3123 of title 54, United States
Code, is amended as follows:
(1) In section 312302, by inserting ``, and unimpeded
access to those sites,'' after ``and historic
buildings''.
(2) In section 312304(a)--
(A) in paragraph (2)--
(i) by striking ``and historic
buildings'' and inserting ``and
historic buildings, and unimpeded
access to those sites''; and
(ii) by striking ``and protected''
and inserting ``, protected, and made
accessible''; and
(B) in paragraph (3), by striking ``and
protecting'' and inserting ``, protecting, and
making accessible''.
(3) In section 312305, by inserting ``and to the
Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations
of the Senate'' after ``President''.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Commission for the Preservation of
America's Heritage Abroad shall submit to the President and to
the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report that contains an evaluation of the extent to
which the Commission is prepared to continue its activities and
accomplishments with respect to the foreign heritage of United
States citizens from eastern and central Europe, were the
Commission's duties and powers extended to include other
regions, including the Middle East and North Africa, and any
additional resources or personnel the Commission would require.
SEC. 5806. CHIEF OF MISSION CONCURRENCE.
In the course of providing concurrence to the exercise of the
authority pursuant to section 127e of title 10, United State
Code, or section 1202 of the National Defense Authorization Act
for Fiscal Year 2018--
(1) each relevant chief of mission shall inform and
consult in a timely manner with relevant individuals at
relevant missions or bureaus of the Department of
State; and
(2) the Secretary of State shall take such steps as
may be necessary to ensure that such relevant
individuals have the security clearances necessary to
so consult in a timely manner with respect to such
concurrence.
----------
128. An Amendment To Be Offered by Representative Engel of New York or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle G of title XII the following:
SEC. 12__. ESTABLISHMENT OF NATIONAL COMMISSION ON U.S.
COUNTERTERRORISM POLICY.
(a) Establishment.--There is established an independent
commission within the legislative branch to be known as the
``National Commission on U.S. Counterterrorism Policy'' (in
this section referred to as the ``Commission'').
(b) Purpose.--The Commission shall assess United States
counterterrorism efforts, including the study areas specified
in subsection (c), and make recommendations based on its
findings.
(c) Study Areas.--In carrying out subsection (b), the
Commission shall study the following:
(1) The evolution of threats to the United States
since September 11, 2001, from international and
domestic terrorism, including--
(A) an assessment of potential connections
between such threats, and the risks such
threats pose relative to other security threats
to the United States and United States national
interests; and
(B) the effects of United States
counterterrorism objectives, priorities,
capabilities, policies, programs, and
activities on such threats.
(2) The applicability of major lessons learned from
United States counterterrorism objectives, priorities,
policies, programs, and activities since September 11,
2001, for ongoing and future counterterrorism
objectives, priorities, policies, programs, and
activities.
(3) Ongoing United States counterterrorism
objectives, priorities, capabilities, policies,
programs, and activities, including an assessment of
the following:
(A) Whether such objectives, priorities,
capabilities, policies, programs, and
activities are appropriately integrated,
programmatically and organizationally, into
wider United States foreign and domestic
policy.
(B) Whether counterterrorism resources are
appropriately balanced across the range of
counterterrorism programs and activities
conducted by the United States, and the actions
necessary to improve such balance if necessary.
(C) The potential constraints on
counterterrorism objectives, priorities,
capabilities, policies, programs, and
activities resulting from the United States'
need to confront a growing number of
geopolitical and security challenges, and how
to mitigate any terrorism-related risks that
might result.
(D) The potential new or emerging challenges
or opportunities of conducting counterterrorism
operations in contested environments where
strategic state competitors such as Russia,
China, or Iran operate, and identification of
actions the United States Government should
take to mitigate potential risks and take
advantage of possible opportunities.
(E) The instruments of national power used to
advance counterterrorism objectives and
identification of new or modified instruments,
if appropriate.
(F) Any impacts of such counterterrorism
objectives, priorities, capabilities, policies,
programs, and activities on civil rights and
civil liberties in the United States and
internationally recognized human rights and
humanitarian principles abroad.
(4) The legal authorities and policy frameworks for
counterterrorism programs and activities in the United
States and abroad, and whether such authorities or
frameworks require updating.
(5) The state of United States counterterrorism
partnerships, including--
(A) the impact of United States
counterterrorism objectives, priorities,
capabilities, policies, programs, and
activities on the counterterrorism objectives,
priorities, capabilities, policies, programs,
and activities of partner countries; and
(B) the willingness, capacity, and capability
of United States counterterrorism partners to
combat shared threats, and the impact of
security assistance and foreign assistance on
such willingness, capacity, and capability.
(6) Ongoing efforts by the executive branch to
measure the effectiveness of United States
counterterrorism objectives, priorities, capabilities,
policies, programs, and activities through net
assessments and evaluations of lessons learned,
including an assessment of efforts to address factors
that contribute to terrorist recruitment and
radicalization.
(7) Recommendations on how best to adapt United
States counterterrorism objectives, priorities,
capabilities, policies, programs, and activities on the
basis of the areas of study specified in this
subsection and any other findings the Commission
determines relevant.
(d) Composition.--
(1) Members.--The Commission shall be composed of 14
commissioners, to be appointed as follows:
(A) One commissioner appointed by the
Chairman, with the concurrence of the ranking
member, of each of the appropriate
congressional committees.
(B) A Chairperson, appointed by the Speaker
of the House of Representatives, with the
concurrence of the Minority Leader of the House
of Representatives.
(C) A Vice-Chairperson, appointed by the
Majority Leader of the Senate, with the
concurrence of the Minority Leader of the
Senate.
(2) Qualifications.--Individuals appointed to the
Commission shall be United States persons with relevant
counterterrorism expertise and experience in diplomacy,
law enforcement, the Armed Forces, law, public
administration, Congress, intelligence, academia, human
rights, civil rights, or civil liberties. The
leadership of the House of Representatives and the
Senate shall coordinate with the appropriate
congressional committees to ensure that Commission
membership represents a variety of expertise in such
fields. At least one of the commissioners shall possess
a civil rights or civil liberties background in
addition to relevant counterterrorism expertise, and
one commissioner shall possess an international human
rights background in addition to relevant
counterterrorism expertise.
(3) Prohibitions.--An individual appointed to the
Commission may not be--
(A) a Member of Congress, including a
Delegate or Resident Commissioner;
(B) an employee or official of any other
branch of the Federal Government;
(C) an employee or official of any State,
territory, county, or municipality in the
United States; or
(D) a registered lobbyist.
(4) Conflicts of interest.--An individual appointed
to the Commission shall disclose any financial gains
from private sector employment conducted in support of
United States counterterrorism objectives, priorities,
capabilities, policies, programs, or activities at any
time since the September 11, 2001, attacks.
(5) Deadline for appointment of commissioners.--
Individuals appointed to the Commission shall be
appointed not later than--
(A) 30 days after the date of the enactment
of this Act, or
(B) December 31, 2020,
whichever occurs first.
(6) Period of appointment.--Each commissioner and the
Chairperson and Vice-Chairperson shall be appointed for
the life of the Commission.
(7) Vacancies.--Any vacancy in the Commission shall
not affect its powers and duties and shall be filled in
the same manner as the original appointment within 30
days of such vacancy occurring.
(8) Compensation.--Commissioners and the Chairperson
and Vice-Chairperson shall serve without pay.
(9) Travel expenses.--Commissioners and the
Chairperson and Vice-Chairperson shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5,
United States Code, while away from their homes or
regular places of business in performance of services
for the Commission.
(e) Meetings.--
(1) Initial meeting.--The initial meeting of the
Commission shall be held not later than 30 days after
the satisfaction of all of the following:
(A) The appointment of two-thirds of the
members of the Commission, including at least
one of the Chairperson or Vice-Chairperson.
(B) The transfer of funding under subsection
(k).
(2) Responsibility.--The Commission shall, at its
initial meeting, develop and implement a schedule for
completion of the review and assessment under
subsection (b) and report under subsection (m)(2).
(3) Subsequent meetings.--The Commission shall meet
at the call the Chairperson or a majority of
commissioners.
(4) Quorum.--Eight commissioners shall constitute a
quorum, and commissioners may vote by proxy.
(f) Consultation.--In conducting the review and assessment
and study required under this section, the Commission shall
consult with relevant experts in the Federal Government
(including relevant Members of Congress and congressional
staff), academia, law, civil society, and the private sector.
(g) Powers of the Commission.--
(1) Hearings and evidence.--For the purposes of
carrying out this section, the Commission may--
(A) hold classified or unclassified hearings,
take testimony, receive evidence, and
administer oaths; and
(B) subject to paragraph (3), require, by
subpoena authorized by majority vote of the
Commission and issued under the signature of
the Chairperson or any member designated by a
majority of the Commission, the attendance and
testimony of such witnesses and the production
of such books, records, correspondence,
memoranda, papers, and documents, as the
Commission may determine advisable.
(2) Notification of committees.--If the Commission is
unable to obtain testimony or documents needed to
conduct its work, the Commission shall notify the
appropriate congressional committees.
(3) Subpoena enforcement.--
(A) In general.--In the case of contumacy or
failure to obey a subpoena issued under
paragraph (1)(B), the United States district
court for the judicial district in which the
subpoenaed person resides, is served, or may be
found, or where the subpoena is returnable, may
issue an order requiring such person to appear
at any designated place to testify or to
produce documentary or other evidence. Any
failure to obey the order of the court may be
punished by the court as a contempt of that
court.
(B) Additional enforcement.--In the case of
any failure of any witness to comply with any
subpoena or to testify when summoned under
authority of this section, the Commission may,
by majority vote, certify a statement of fact
constituting such failure to the appropriate
United States attorney, who may bring the
matter before the grand jury for its action,
under the same statutory authority and
procedures as if the United States attorney had
received a certification under sections 102
through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(4) Limitations on subpoena authority.--With respect
to the subpoena authority under paragraph (1)(B), the
Commission--
(A) may only issue a subpoena to a member of
Federal, State, local, Tribal, or territorial
government;
(B) may reference unclassified documents and
information obtained through a subpoena when
conducting interviews to further the
Commission's objectives, and may include such
documents and information in the final report,
but may not otherwise share, disclose, publish,
or transmit in any way any information obtained
through a subpoena to another Federal
department or agency, any agency of a State,
local, Tribal, or territorial government, or
any international body; and
(C) shall comply with requirements for the
issuance of a subpoena issued by a United
States district court under the Federal Rules
of Civil Procedure.
(5) Meetings.--The Commission shall--
(A) hold public hearings and meetings;
(B) hold classified hearings or meetings if
necessary to discuss classified material or
information; and
(C) provide an opportunity for public
comment, including sharing of research and
policy analysis, through publication in the
Federal Register of a solicitation for public
comments during a period to last not fewer than
45 days.
(h) Resources.--
(1) Authority to use the united states mails.--The
Commission may use the United States mails in the same
manner and under the same conditions as other Federal
agencies.
(2) Documents, statistical data and other such
information.--Upon written request by the Chairperson,
Vice-Chairperson, or any commissioner designated by a
majority of the Commission, an executive department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality of the Federal
Government--
(A) shall provide reasonable access to
documents, statistical data, and other such
information the Commission determines necessary
to carry out its duties; and
(B) shall, to the extent authorized by law,
furnish any information, suggestions,
estimates, and statistics the Commission
determines necessary to carry out its duties.
(3) Gifts.--No member or staff of the Commission may
receive a gift or benefit by reason of the service of
such member or staff to the Commission.
(4) Authority to contract.--
(A) In general.--The Commission is authorized
to enter into contracts, leases, or other legal
agreements with Federal and State agencies,
Indian tribes, Tribal entities, private
entities, and individuals for the conduct of
activities necessary to the discharge of its
duties.
(B) Termination.--A contract, lease, or other
legal agreement entered into by the Commission
under this paragraph may not extend beyond the
date of termination of the Commission.
(5) Inapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
activities of the Commission under this section.
(6) Office space and administrative support.--The
Architect of the Capitol shall make office space
available for day-to-day activities of the Commission
and for scheduled meetings of the Commission. Upon
request, the Architect of the Capitol shall provide, on
a reimbursable basis, such administrative support as
the Commission requests to carry out its duties.
(7) Assistance from federal agencies.--
(A) General services administration.--The
Administrator of General Services shall provide
to the Commission on a reimbursable basis
administrative support and other services as
the Commission requests to carry out its
duties.
(B) Federal departments and agencies.--
Federal departments and agencies may provide to
the Commission such services, funds,
facilities, staff, and other support services
as such departments and agencies consider
advisable and as may be authorized by law.
(i) Staff.--
(1) Director.--The Chairperson, in consultation with
the Vice-Chairperson, and in accordance with rules
agreed upon by the Commission, may appoint a staff
director.
(2) Staff.--With the approval of the Commission, the
staff director may appoint such employees as the staff
director determines necessary to enable the Commission
to carry out its duties.
(3) Staff qualifications.--The staff director shall
ensure employees of the Commission have relevant
counterterrorism expertise and experience, including in
areas such as diplomacy, law enforcement, the Armed
Forces, law, public administration, Congress,
intelligence, academia, human rights, civil rights, or
civil liberties.
(3) Appointments and compensation.--The Commission
may appoint and fix the compensation of the staff
director and other employees without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and without
regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to
classification and General Schedule pay rates, except
that the rate of pay for the staff director may not may
exceed the equivalent of that payable to a person
occupying a position at level IV of the Executive
Schedule and the rate of pay for any other employee of
the Commission may not exceed the equivalent of that
payable to a person occupying a position at level V of
the Executive Schedule.
(4) Experts and consultants.--With the approval of
the Chairperson, the staff director may procure
temporary and intermittent services under section
3109(b) of title 5, United States Code.
(5) Detail of government employees.--Upon the request
of the Commission, the head of any Federal agency may
detail, without reimbursement, any of the personnel of
such agency to the Commission to assist in carrying out
its duties. Any such detail shall not interrupt or
otherwise affect the civil service status or privileges
of such personnel.
(6) Volunteer services.--Notwithstanding section 1342
of title 31, United States Code, the Commission may
accept and use voluntary and uncompensated services as
the Commission determines necessary.
(j) Security Clearances for Commission Members and Staff.--
The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the
commissioners, including the Chairperson and Vice-Chairperson,
and the staff director and other employees, appropriate
security clearances to the extent possible pursuant to existing
procedures and requirements.
(k) Funding.--
(1) In general.--Of the amounts authorized to be
appropriated for fiscal year 2021 by this Act,
$4,000,000 shall be made available for transfer to the
Commission for purposes of the activities of the
Commission under this section.
(2) Duration of availability.--Amounts made available
to the Commission under paragraph (1) shall remain
available until the until the termination of the
Commission.
(l) Termination.--The Commission shall terminate on the date
that is 180 days after the date on which the Commission submits
the report under subsection (m)(2).
(m) Briefings and Report.--
(1) Briefings.--The Chairperson, Vice-Chairperson,
and staff director of the Commission shall provide
quarterly briefings to the appropriate congressional
committees, of which not fewer than two briefings shall
be for Members of Congress.
(2) Report.--
(A) In general.--Not later than 540 days
after the initial meeting of the Commission
under subsection (e), the Commission shall
submit to the appropriate congressional
committees an unclassified report that includes
the following:
(i) The findings, conclusions, and
recommendations of the Commission
pursuant to the review and assessment
under subsection (b).
(ii) Summaries of the input and
recommendations of each individual with
whom the Commission consulted in
accordance with subsection (f),
attributed in accordance with the
preference expressed by such
individual.
(B) Classified annex.--The report required
under this subsection may include a classified
annex.
(C) Addendum.--Pursuant to subsection (h)(3),
the Commission shall publish as an addendum to
the report under subsection (m)(2) a list of
all gifts received and the individual or entity
from which such gift was received.
(3) Public release.--Not later than seven days after
the date on which the Commission submits the report
under this subsection, the Commission shall make
publicly available such report, with the exception of
any classified annex under paragraph (2)(B).
(n) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the
Committee on Homeland Security, the Committee
on Foreign Affairs, the Permanent Select
Committee on Intelligence, the Committee on the
Judiciary, and the Committee on Financial
Services of the House of Representatives; and
(B) the Committee on Armed Services, the
Committee on Homeland Security and Governmental
Affairs, the Committee on Foreign Relations,
the Select Committee on Intelligence, the
Committee on the Judiciary, and the Committee
on Finance of the Senate.
(2) Domestic terrorism.--The term ``domestic
terrorism'' has the meaning given such term in section
2331 of title 18, United States Code.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given such term in section 4 of the Indian
Self-Determination and Education Assistance Act of 1975
(25 U.S.C. 5304).
(4) International terrorism.--The term
``international terrorism'' has the meaning given such
term in section 2331 of title 18, United States Code.
(5) Registered lobbyist.--The term ``registered
lobbyist'' means a lobbyist described in section 3 of
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603).
(6) United states person.--The term ``United States
person'' has the meaning given that term in section 101
of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801).
----------
129. An Amendment To Be Offered by Representative Engel of New York or
His Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. _. PROGRAM TO PREVENT, MITIGATE, AND RESPOND TO CIVILIAN HARM AS A
RESULT OF MILITARY OPERATIONS IN SOMALIA.
(a) Program Required.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense, in coordination with the Secretary of State,
shall develop and implement a program--
(A) to prevent, mitigate, and respond to
civilian harm resulting from military
operations to counter al-Shabaab or the Islamic
State in Somalia (ISIS-Somalia); and
(B) to enhance the ability for Somali
civilians to report instances of civilian harm
resulting from--
(i) any operations conducted by
United States Armed Forces; and
(ii) any operations in which United
States Armed Forces provided
operational support to the Somali Army
or the African Union Mission in Somalia
(AMISOM).
(2) Coordination.--The program required by this
subsection shall be carried out in accordance with--
(A) section 1213 of the National Defense
Authorization Act for Fiscal Year 2020 (Public
Law 116-92);
(B) section 936 of the John S. McCain
National Defense Authorization Act for Fiscal
Year 2019 (10 U.S.C. 134 note); and
(C) section 1057 of the National Defense
Authorization Act for Fiscal Year 2018.
(b) Scope of Program.--The program required by subsection (a)
shall include the following:
(1) Measures in accordance with section 1057 of the
National Defense Authorization Act for Fiscal Year 2018
to improve the ability of the Somali National Army,
AMISOM, the United States military, and United States
contractors to prevent, mitigate, and respond to
instances of civilian harm as a result of military
operations to counter al-Shabaab or ISIS-Somalia.
(2) Measures in accordance with section 1057 of the
National Defense Authorization Act for Fiscal Year 2018
and section 936 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 134
note) to improve coordination among international
actors involved in military operations in Somalia, to
include AMISOM, with regard to preventing and
mitigating civilian casualties, and collecting data and
reporting on such incidents when they occur.
(3) Specific measures relating to compliance by
Somalia with section 936(b)(3) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(10 U.S.C. 134 note), to include measures to ensure
that Somali civilians, including those without reliable
access to the internet, and credible local or
international nongovernmental organizations, can report
civilian harm, including death, injury, or damage to
civilian infrastructure, resulting from United States
operations and partner operations; and
(4) Measures to ensure that ex gratia payments and
other assistance are made available as appropriate in
accordance with section 1213 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92).
(c) Report.--
(1) In general.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Defense,
in coordination with the Secretary of State, shall
submit to the appropriate congressional committees a
report on the measures that have been taken to
implement the program required by subsection (a).
(2) Form.--The report required by this subsection
shall be submitted in unclassified form, but may
include a classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate.
(2) Operational support.--The term ``operational
support'' means training, advising, commanding,
coordinating, participating in the movement of, or
accompanying Somali Army or AMISOM forces, providing
such forces with medevac or other medical aid, aerial
refueling, intelligence, surveillance, or
reconnaissance, or close air support for operations.
----------
130. An Amendment To Be Offered by Representative Engel of New York or
His Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. 127. SENSE OF CONGRESS REGARDING JAPAN AND SMA REPORT DRAFT.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) the United States greatly values its alliance
with the Government of Japan, based on shared values of
democracy, the rule of law, a rules-based international
order, and respect for human rights;
(2) the United States-Japan alliance has been the
cornerstone of peace, stability, and security in the
Indo-Pacific for more than seven decades;
(3) the United States and Japan are indispensable
partners in addressing global challenges, including
combating the proliferation of weapons of mass
destruction, preventing piracy, assisting the victims
of conflict and disaster worldwide, safeguarding
maritime security, and ensuring freedom of navigation,
commerce, and overflight in the Indo-Pacific region;
(4) the Democratic People's Republic of Korea's
(DPRK) nuclear, chemical, and biological weapons
programs and ballistic missile programs pose a critical
threat to the stability of the Indo-Pacific region and
to the security of Japan;
(5) the People's Republic of China's use of military
forces to challenge territory under Japan's
administrative control violate international norms and
thereby threaten regional stability.
(6) the United States reaffirms its commitment to
Article V of the Treaty of Mutual Cooperation and
Security between the United States of America and
Japan, which applies to the Japanese-administered
Senkaku Islands;
(7) United States forces forward-deployed in Japan,
consisting of 54,000 United States forces, United
States Seventh Fleet, the only forward-deployed United
States aircraft carrier, and the United States Marine
Corps' III Marine Expeditionary Force, are essential to
sustaining United States national security and regional
peace and stability;
(8) the United States and Japan should continue to
deepen defense cooperation to enhance collective
defense and regional security;
(9) Japan makes significant contributions to regional
and global security, including contributions to
regional Ballistic Missile Defense, conducting
bilateral presence operations and mutual asset
protection missions with United States forces, serving
as a capacity building contributor to United Nations
peacekeeping operations, and providing critical support
to United Nations Security Council Resolution
enforcement operations against the DPRK's illicit
weapons programs;
(10) the United States recognizes the substantial
financial commitments of Japan to the maintenance of
United States forces in Japan, including contributions
of approximately $2,000,000,000 annually under the
Special Measures Agreement, $187,000,000 annually under
the Japan Facilities Improvement Program,
$12,100,000,000 for the Futenma Replacement Facility,
and $4,800,000,000 for Marine Corps Air Station
Iwakuni, that directly support operational readiness of
United States forces in Japan and make Japan among the
most significant burden-sharing partners of the United
States; and
(11) it is in the national security interest of the
United States that the United States and Japan conclude
a new Special Measures Agreement, negotiated based on
the principles of mutual respect, equity, and our
shared national security interests, prior to the
expiration of the current agreement.
(b) Report.--
(1) In general.--Not later than January 1, 2021, the
Secretary of Defense, in consultation with the
Secretary of State, shall provide a report on the costs
most directly associated with the stationing of United
States forces in Japan to the congressional defense
committees, the House Committee on Foreign Affairs, and
the Senate Committee on Foreign Relations. At a
minimum, the report shall include--
(A) a description of each category of costs,
including labor, utilities, training
relocation, and any other categories the
Secretary determines to be appropriate, that
are most directly associated with the
stationing of United States forces in Japan;
(B) a detailed description of which costs
most directly associated with the stationing of
United States forces in Japan are incurred in
Japan and which such costs are incurred outside
of Japan;
(C) a detailed summary of contributions made
by the Government of Japan that allay the costs
to United States of stationing United States
forces in Japan;
(D) the benefits to United States national
security and regional security derived from the
forward presence of United States Armed Forces
in Japan;
(E) the impact to the national security of
the United States, the security of Japan, and
peace and stability in the Indo-Pacific region
if a new Special Measures Agreement is not
reached before March 31, 2021; and
(F) any other matters the Secretary deems
appropriate to include.
(2) Form.--The report shall be unclassified without
any designation relating to dissemination control, but
may include a classified annex.
----------
131. An Amendment To Be Offered by Representative Eshoo of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title II, add the following new
section:
SEC. 2___. REPORTING ON CONTRIBUTION OF DEVELOPMENT OF ARTIFICIAL
INTELLIGENCE STANDARDS.
Subsection (b) of section 260 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) is
amended by adding at the end the following paragraph:
``(11) A description of efforts of the Center and the
Department of Defense to develop or contribute to the
development of artificial intelligence standards,
including--
``(A) the participation of the Center and the
Department of Defense in international and
multistakeholder standard-setting bodies; and
``(B) collaboration between the Center and
Department of Defense and--
``(i) other organizations and
elements of the Department of Defense
(including the Defense Agencies and the
military departments);
``(ii) agencies of the Federal
Government; and
``(iii) private industry (including
the defense industrial base).''.
----------
132. An Amendment To Be Offered by Representative Eshoo of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title IX, add the following new
section:
SEC. 9___. REPORTING ON POST-JAIC ASSIGNMENT.
Subsection (b) of section 260 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) is
amended by adding at the end the following paragraph:
``(11) For each uniformed service member who
concluded an assignment supporting the Center in the
previous six months, a position description of the
billet that the service member transitioned into.''.
----------
133. An Amendment To Be Offered by Representative Evans of Pennsylvania
or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VIII, add the following new
section:
SEC. 8__. EXTENSION OF PARTICIPATION IN 8(A) PROGRAM.
(a) In General.--The Administrator of the Small Business
Administration shall ensure that a small business concern
participating in the program established under section 8(a) of
the Small Business Act (15 U.S.C. 637) on or before March 13,
2020, may elect to extend such participation by a period of 1
year, regardless of whether such concern previously elected to
suspend participation in such program pursuant to guidance of
the Administrator.
(b) Emergency Rulemaking Authority.--Not later than 15 days
after the date of enactment of this section, the Administrator
shall issue regulations to carry out this section without
regard to the notice requirements under section 553(b) of title
5, United States Code.
----------
134. An Amendment To Be Offered by Representative Finkenauer of Iowa or
Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. MODIFICATION OF MECHANISMS FOR EXPEDITED ACCESS TO TECHNICAL
TALENT AND EXPERTISE AT ACADEMIC INSTITUTIONS.
Section 217 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2358 note) is
amended--
(1) in subsection (a)(2), by inserting ``training,''
after ``management,'';
(2) in subsection (e)--
(A) in paragraph (28) by striking
``Infrastructure resilience'' and inserting
``Additive manufacturing'';
(B) by redesignating paragraph (30) as
paragraph (33); and
(C) by inserting after paragraph (29) the
following new paragraphs:
``(30) Corrosion prevention and control.
``(31) Advanced manufacturing for metal casting.
``(32) 3D and virtual technology training
platforms.'';
(3) by redesignating subsections (f) and (g) as
subsection (g) and (h), respectively;
(4) by inserting after subsection (e) the following
new subsection:
``(f) Requirement to Establish Consortia.--
``(1) In general.--In carrying out subsection
(a)(1)--
``(A) the Secretary of Defense shall seek to
establish at least one multi-institution
consortium through the Office of the Secretary
of Defense;
``(B) the Secretary of the Army shall seek to
establish at least one multi-institution
consortium through the Army;
``(C) the Secretary of the Navy shall seek to
establish at least one multi-institution
consortium through the Navy; and
``(D) the Secretary of the Air Force shall
seek to establish at least one multi-
institution consortium through the Air Force.
``(2) Report required.--Not later than September 30,
2022, the Secretary of Defense shall submit to the
congressional defense committees a report on the status
of the efforts to establish consortia under paragraph
(1).''; and
(5) in subsection (g), as so redesignated, by
striking ``2022'' and inserting ``2026''.
----------
135. An Amendment To Be Offered by Representative Fitzpatrick of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XXVIII, add the following
new section:
SEC. 28__. IMPROVED DEPARTMENT OF DEFENSE AND LANDLORD RESPONSE TO
IDENTIFICATION AND REMEDIATION OF SEVERE
ENVIRONMENTAL HEALTH HAZARDS IN MILITARY HOUSING.
(a) Definitions.--In this section:
(1) The terms ``landlord'', ``privatized military
housing'', and ``tenant'' have the meanings given those
terms in section 3001(a) of the Military Construction
Authorization Act for Fiscal Year 2020 (division B of
Public Law 116-92; 133 Stat. 1916; 10 U.S.C. 2821
note).
(2) The term ``severe environmental health hazard''
means asbestos, radon, lead, and such other hazardous
substances as the Secretary of Defense may designate.
(b) Guidance Required.--
(1) In general.--Not later than 180 days after the
date of the enactment of this section, the Secretary of
Defense shall issue guidance regarding hazard
assessments conducted under section 3052(b) of the
Military Construction Authorization Act for Fiscal Year
2020 (division B of Public Law 116-92; 10 U.S.C. 2821
note) subsection (b) and under the process developed
under section 3053(a) of such Act (10 U.S.C. 2821 note)
to improve Department of Defense and landlord
identification and resolution of severe environmental
health hazards in housing under the jurisdiction of the
Department of Defense (including privatized military
housing).
(2) Testing and inspection requirements.--The
guidance issued under this subsection shall
specifically require, on an annual basis or at more
frequent intervals as the Secretary considers
appropriate, the following:
(A) Testing in housing under the jurisdiction
of the Department of Defense (including
privatized military housing) for known severe
environmental health hazards.
(B) Inspections of such housing to determine
the efficacy of mitigation or encapsulation
measures regarding severe environmental health
hazards. Such inspections shall be performed by
qualified home inspectors (as described in
section 3051(d) of the Military Construction
Authorization Act for Fiscal Year 2020
(division B of Public Law 116-92; 10 U.S.C.
2821 note) and adhere to recognized industry
practices and standards.
(3) Additional requirement for lead encapsulation.--
The guidance issued under this subsection shall
specifically require that testing of the integrity of
lead encapsulation will be performed on an emergency
basis at the request of the affected tenant.
(4) Prompt notification requirement.--The results of
testing and inspections described in paragraphs (2) and
(3) shall be shared with the tenant of the affected
housing within 48 hours after receipt of the results by
the housing management office of the military
installation for which the housing is provided, the
installation commander, or the landlord, whichever
occurs first.
(5) Alternative housing.--The Secretary of the
military department concerned shall provide alternative
housing to affected tenants until any discrepancies are
resolved, as provided in the department's displaced
tenants policy.
(c) Additional Protections for Certain Members.--Members of
the Armed Forces assigned to a military installation who are
required to reside in on-installation housing (including
privatized military housing on the installation) because of the
members' essential status shall be provided the following
information before occupying the housing (and, in the case of
privatized military housing, signing lease documents):
(1) The most recent results of testing and
inspections described in paragraphs (2) and (3) of
subsection (b) regarding the housing.
(2) If any of the tests and inspections were
positive, information on the mitigation or
encapsulation measures in place in the housing.
(3) Information on required maintenance of mitigation
measures.
----------
136. An Amendment To Be Offered by Representative Fletcher of Texas or
Her Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, insert the following:
SEC. 5__. CONTINUED PARTICIPATION OF SEPARATED MEMBERS OF THE ARMED
FORCES IN SKILLBRIDGE PROGRAMS.
Section 1143(e) of title 10, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4);
and
(2) by inserting after paragraph (2) the following
new paragraph (3):
``(3) In the case of an eligible member who enrolls
in a program under this subsection and who is
discharged or released from active duty in the armed
forces before the completion of the program, such
member may continue to participate in the program until
the completion of the program. The continued
participation of such a member in such a program shall
have no effect on the discharge or separation date of
the member or the eligibility of the member for any pay
or benefits.''.
----------
137. An Amendment To Be Offered by Representative Fortenberry of
Nebraska or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. _. SENSE OF CONGRESS RELATING TO GRAND ETHIOPIAN RENAISSANCE DAM.
It is the sense of Congress that it is in the best interests
of the stability of the region for Egypt, Ethiopia, and Sudan
to immediately reach a just and equitable agreement regarding
the filling and operation of the Grand Ethiopian Renaissance
Dam.
----------
138. An Amendment To Be Offered by Representative Foxx of North
Carolina or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title VIII the following new
section:
SEC. 8__. GUIDELINES AND RESOURCES ON THE ACQUISITION OR LICENSING OF
INTELLECTUAL PROPERTY.
Section 2322 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c) Guidelines and Resources.--
``(1) In general.--The Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition
and Sustainment, shall develop guidelines and resources
on the acquisition or licensing of intellectual
property, including--
``(A) model forms for specially negotiated
licenses described under section 2320(f) (as
appropriate); and
``(B) an identification of definitions, key
terms, examples, and case studies that resolve
ambiguities in the differences between--
``(i) detailed manufacturing and
process data;
``(ii) form, fit, and function data;
and
``(iii) data required for operations,
maintenance, installation, and
training.
``(2) Consultation.--In developing the guidelines and
resources described in paragraph (1), the Secretary
shall regularly consult with appropriate stakeholders,
including large and small businesses, traditional and
non-traditional contractors (including subcontractors),
and maintenance repair organizations.''.
----------
139. An Amendment To Be Offered by Representative Frankel of Florida or
Her Designee, Debatable for 10 Minutes
Page 1106, line 16, strike ``and''.
Page 1106, line 21, strike the period and insert ``; and''.
Page 1106, after line 21, insert the following new paragraph:
(6) including Department of Defense personnel who are
women in security cooperation activities of the United
States conducted abroad.
Page 1107, after line 8, insert the following new subsections
and redesignate the subsequent subsections accordingly:
(e) Pilot Program.--
(1) In general.--The Secretary of Defense, in
coordination with the Secretary of State--
(A) shall direct and carry out a pilot
program to conduct partner country assessments
referred to in subsection (d) on barriers to
the participation of women in the national
security forces of participating partner
countries (in this subsection referred to as a
``pilot barrier assessment'');
(B) in carrying out such pilot program, shall
seek to enter into contracts with nonprofit
organizations or federally funded research and
development centers independent of the
Department of Defense for the purpose of
conducting the pilot barrier assessments; and
(C) after a pilot barrier assessment is
conducted, shall--
(i) review the methods of research
and analysis used by any entity
contracted with pursuant to
subparagraph (B) in conducting such
assessment and identify lessons learned
from the review; and
(ii) assess the ability of the
Department of Defense to conduct future
pilot barrier assessments without
entering into a contract pursuant to
subparagraph (B), including by
assessing potential costs and benefits
for the Department that may arise from
conducting such future assessments.
(2) Selection of countries.--
(A) In general.--The Secretary of Defense, in
consultation with the commanders of the
combatant commands and relevant United States
ambassadors, shall select one partner country
from within the geographic area of
responsibility of each geographic combatant
command for participation in the pilot program.
(B) Consideration.--In making the selection
under subparagraph (A), the demonstrated
political commitment of the partner country to
increasing the participation of women in the
security sector and the national security
priorities and theater campaign strategies of
the United States shall be considered.
(3) Pilot barrier assessment.--A pilot barrier
assessment under this subsection shall be--
(A) adapted to the local context of the
partner country being assessed;
(B) conducted in collaboration with the
security sector of the partner country being
assessed; and
(C) based on tested methodologies.
(4) Findings.--
(A) In general.--The Secretary of Defense
should use findings from each pilot barrier
assessment to inform effective security
cooperation activities and security sector
assistance interventions by the United States
in the partner country assessed. Such
activities and interventions shall
substantially increase opportunities for the
recruitment, employment, development,
retention, deployment, and promotion of women
in the national security forces of such partner
country (including for deployments to peace
operations and for participation in
counterterrorism operations and activities).
(B) Model methodology.--The Secretary of
Defense, in coordination with the Secretary of
State, shall develop a model barrier assessment
methodology from the findings of the pilot
program for use across the geographic combatant
commands.
(5) Reports on pilot program.--
(A) Initial report.--Not later than two years
after the date of the enactment of this Act,
the Secretary of Defense, in coordination with
the Secretary of State, shall submit to the
appropriate committees of Congress an initial
report on the implementation of the pilot
program under this subsection, including an
identification of the partner counties selected
for participation in the program and the
justifications for such selections.
(B) Update to report.--Not later than two
years after the date on which the initial
report under subparagraph (A) is submitted, the
Secretary of Defense, in coordination with the
Secretary of State, shall submit to the
appropriate committees of Congress an update to
the initial report.
(C) Report on methodology.--On the date on
which the Secretary of Defense determines the
pilot program to be complete, the Secretary of
Defense, in coordination with the Secretary of
State, shall submit to the appropriate
committees of Congress a report on the model
barrier assessment methodology developed under
paragraph (4)(B).
(f) Building United States Capacity.--
(1) Military service academies.--Consistent with
subsection (c)(6), the Secretary of Defense shall make
every effort to encourage the admission of diverse
individuals (including individuals who are women) to
each military service academy, including by--
(A) establishing programs that hold
commanding officers accountable for removing
biases with respect to such individuals;
(B) ensuring that each military service
academy fosters a zero tolerance environment
for harassment towards such individuals; and
(C) ensuring that each military service
academy fosters equal opportunities for growth
that enable the full participation of such
individuals in all training programs, career
tracks, and elements of the Department,
especially in elements of the Armed Forces
previously closed to women, such as infantry
and special operations forces.
(2) Partnerships with schools and nonprofit
organizations.--The Secretary of Defense shall make
every effort to enter into partnerships with elementary
schools, secondary schools, postsecondary educational
institutions, and nonprofit organizations, to support
activities relating to the implementation of the Women,
Peace, and Security Act of 2017.
Page 1108, line 7, strike ``and''.
Page 1108, line 11, strike the period and insert ``; and''.
Page 1108, after line 11, insert the following new paragraph:
(4) build the capacity of the Department to conduct
the partner country assessments referred to in
subsection (d).
Page 1109, after line 13, insert the following new
paragraphs:
(3) The terms ``elementary school'' and ``secondary
school'' have the meanings given those terms in section
8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(4) The term ``postsecondary educational
institution'' has the meaning given that term in
section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302).
----------
140. An Amendment To Be Offered by Representative Gabbard of Hawaii or
Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, add the following new
section:
SEC. 1762. HEMP PRODUCTS.
(a) Use of Hemp Products.--The Secretary of Defense may not
prohibit, on the basis of a product containing hemp or any
ingredient derived from hemp, the possession, use, or
consumption of such product by a member of the Armed Forces
if--
(1) the hemp meets the definition in section 297A of
the Agricultural Marketing Act of 1946 (7 U.S.C.
1639o); and
(2) such possession, use, or consumption is in
compliance with applicable Federal, State, and local
law.
----------
141. An Amendment To Be Offered by Representative Gabbard of Hawaii or
Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. _. REPORT ON ALL COMPREHENSIVE SANCTIONS IMPOSED ON FOREIGN
GOVERNMENTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President, in consultation with
the Secretary of State, the Secretary of the Treasury, the
Secretary of Commerce, the Administrator of the United States
Agency for International Development, the United States
Ambassador to the United Nations, and relevant nongovernmental
organizations, shall submit to the appropriate congressional
committees a report on all comprehensive sanctions imposed on
governments of foreign countries under any provision of law.
(b) Matters to Be Included.--The report required by
subsection (a) shall include--
(1) an assessment of the effect of sanctions imposed
on the government of each foreign country described in
subsection (a) on--
(A) the ability of civilian population of the
country to access water, sanitation, and public
health services;
(B) the changes to the general mortality
rate, maternal mortality rate, life expectancy,
and literacy;
(C) the environmental impacts experienced by
the country that may be associated with the
sanctions, to include fossil fuel usage;
(D) the delivery of economic aid and
development projects in the country;
(E) the extent to which there is an increase
in refugees or migration to or from the country
or an increase in internally displaced people
in the country;
(F) the economic, political, and military
impacts on the country;
(G) the reactions of the country to the
imposed sanctions, including policy changes and
internal sentiment;
(H) the degree of international compliance
and non-compliance of the country; and
(I) the licensing of transactions to allow
access to essential goods and services to
vulnerable populations, including women,
children, elderly individuals, and individuals
with disabilities; and
(2) a description of the purpose of sanctions imposed
on the government of each foreign country described in
subsection (a) and the required legal or political
authority, including--
(A) an assessment of United States national
security;
(B) an assessment of whether the stated
foreign policy goals of the sanctions are being
met;
(C) the degree of international support or
opposition that can be anticipated;
(D) an assessment of such sanctions on United
States businesses and consumers;
(E) criteria for lifting the sanctions; and
(F) prospects for commitment to enforcing the
sanctions.
(c) Updates of Report.--The President shall submit to
Congress an updated report under subsection (a)--
(1) not later than one year after the date of the
enactment of this Act, and annually thereafter for 10
years; and
(2) with respect to a new comprehensive sanction
imposed on a government of a foreign country under any
provision of law, not later than 180 days after the
date on which the sanctions are imposed on the
government.
(d) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex. The unclassified portion of the report shall be
published on a publicly-available website of the Government of
the United States.
(e) Review by Congress.--Upon receipt of the report required
by subsection (a), Congress shall examine the report with a
focus on the humanitarian impacts of comprehensive sanctions
described in the report, including with respect to human
rights, medical services, food and malnutrition and access to
water, sanitation, and hygiene services.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the
Committee on Financial Services, and the
Committee on Ways and Means of the House of
Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban
Affairs, and the Committee on Finance of the
Senate.
(2) Comprehensive sanction.--The term ``comprehensive
sanctions'' means any prohibition on significant
commercial and financial activity with a foreign
government that is imposed by the United States for
reasons of foreign policy or national security.
----------
142. An Amendment To Be Offered by Representative Gabbard of Hawaii or
Her Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title XVII the following:
SEC. 1762. EXEMPTION FROM PAPERWORK REDUCTION ACT.
(a) Uniformed Services University of the Health Sciences.--
Chapter 104 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 2117. Exemption from Paperwork Reduction Act
``Subchapter I of chapter 35 of title 44 shall not apply to
the voluntary collection of information during the conduct of
research by the University.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2116 the following new item:
``2117. Exemption from Paperwork Reduction Act.''.
____________________________________________________
143. An Amendment To Be Offered by Representative Gabbard of Hawaii or
Her Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII of Division A, add the
following:
SEC. 746. PROCESS FOR IDENTIFYING VETERANS USING CIVILIAN TREATMENT
FACILITIES FOR PURPOSES OF IDENTIFYING CONDITIONS
RELATED TO TOXIC EXPOSURE.
(a) Development of Process to Identify Veterans.--The
Secretary of Veterans Affairs, in cooperation with the
Secretary of Defense and the Secretary of Health and Human
Services, shall develop a process for identifying veterans
using civilian treatment facilities in order to identify
conditions that may be related to exposure of the veteran to
toxic substances while serving in the Armed Forces.
(b) Online Portal for Identification of Symptoms.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Veterans Affairs, the Secretary of Defense, and the
Secretary of Health and Human Services shall jointly
develop a uniform online portal for the purpose of
identifying symptoms linked to diseases that may be
unique to service in the Armed Forces.
(2) Elements of portal.--The portal developed under
paragraph (1)--
(A) shall be free to use by health care
providers; and
(B) shall not require the entry of personally
identifiable information.
(c) Briefing by Secretary of Defense.--The Secretary of
Defense shall ensure that members of the Armed Fores separating
from active duty are briefed on the need to identify that they
served in the Armed Forces when visiting a civilian health care
provider.
(d) Inquiry Regarding Military Service.--The Secretary of
Veterans Affairs shall require that any health care provider
that provides health care under the laws administered by the
Secretary inquire about whether any patient seen by the health
care provider served in the Armed Forces upon intake of the
patient.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs, the
Secretary of Defense, and the Secretary of Health and Human
Services shall submit to Congress a report that outlines a plan
for educating civilian health care providers on--
(1) exposure of members of the Armed Forces to toxic
substances during service in the Armed Forces; and
(2) symptoms and diseases related to such exposure or
such service.
----------
144. An Amendment To Be Offered by Representative Gabbard of Hawaii or
Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title V, insert the following:
SEC. 5__. REPORT ON BAD PAPER.
(a) Report Required.--Not later than September 1, 2021, the
Inspector General of the Department of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report regarding bad paper issued by the
Department of Defense during the 20 years preceding the date of
the report.
(b) Elements.--The report shall include, with regards to
members who received bad paper, the following, if known:
(1) Sex.
(2) Age.
(3) Religion.
(4) Race.
(5) Ethnicity.
(6) Tribal affiliation.
(7) Sexual orientation.
(8) Reasons for discharge or dismissal.
(9) In a case of a bad conduct or medical discharge,
whether there is evidence the member suffered symptoms
of sexual trauma, including--
(A) post-traumatic stress disorder;
(B) going absent without leave or on
unauthorized absence;
(C) inability to complete duties or carry out
orders;
(D) insubordination;
(E) substance abuse;
(F) or substance addiction;
(10) Whether the member had filed a complaint within
the chain of command regarding--
(A) fraud, waste, or abuse of Federal funds;
(B) a violation of military or Federal law;
(C) a violation of the Uniform Code of
Military Justice;
(D) sexual assault;
(E) sexual harassment;
(F) sexual abuse;
(G) sexual trauma; or
(H) discrimination on the basis of sex, age,
religion, race, ethnicity, Tribal affiliation,
or sexual orientation.
(11) Armed Force.
(12) Any other information the Inspector General
determines appropriate.
(c) Interviews.--To prepare report under this section, the
Inspector General may interview veterans or other former
members of the Armed Forces.
(d) Bad Paper Defined.--In this section, ``bad paper'' means
a discharge or dismissal from the Armed Forces characterized
as--
(1) dishonorable;
(2) bad conduct; or
(3) other than honorable.
----------
145. An Amendment To Be Offered by Representative Gallagher of
Wisconsin or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVII, add the following:
SEC. 1706. GAO REPORT ON ZTE COMPLIANCE WITH SETTLEMENT AGREEMENT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the
compliance of Zhongxing Telecommunications Equipment
Corporation and ZTE Kangxun Telecommunications Ltd.
(collectively referred to in this section as ``ZTE'') with the
Superseding Settlement Agreement and Superseding Order reached
with the Department of Commerce on June 8, 2018 (in this
section referred to as the ``agreement'').
(b) Matters to Be Included.--The report required by
subsection (a) shall include a comprehensive analysis of the
following:
(1) The level of compliance by ZTE, past and present,
with the obligations of ZTE under the agreement.
(2) The transparency and candor of ZTE in
representing such level of compliance.
(3) Efforts by the United States Government to
monitor, report on, and ensure compliance by ZTE with
the agreement.
(4) Whether any actions taken by ZTE since June 8,
2018, constitute a material breach of the obligations
of ZTE under the agreement.
(5) Recommended courses of action for the United
States Government to improve compliance by ZTE with the
agreement or to respond to a material breach of the
obligations of ZTE under the agreement.
----------
146. An Amendment To Be Offered by Representative Gallagher of
Wisconsin or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title VIII, add the following new
section:
SEC. 8__. BRIEFING ON THE SUPPLY CHAIN FOR SMALL UNMANNED AIRCRAFT
SYSTEM COMPONENTS.
(a) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment, in consultation with
the Administrator of the National Aeronautics and Space
Administration, shall provide to the appropriate congressional
committees a briefing on the supply chain for small unmanned
aircraft system components, including a discussion of current
and projected future demand for small unmanned aircraft system
components.
(b) Elements.--The briefing under subsection (a) shall
include the following:
(1) The sustainability and availability of secure
sources of critical components domestically and from
sources in allied and partner nations.
(2) The cost, availability, and quality of secure
sources of critical components and other relevant
information domestically and from sources in allied and
partner nations.
(3) The plan of the Department of Defense to address
any gaps or deficiencies presented in paragraphs (1)
and (2), including through the use of funds available
under the Defense Production Act of 1950 (50 U.S.C.
4501 et seq.) and partnerships with the National
Aeronautics and Space Administration and other public
and private stakeholders.
(4) Such other information as the Under Secretary of
Defense for Acquisition and Sustainment determines to
be appropriate.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Science, Space, and
Technology and the Committee on Transportation
and Infrastructure of the House of
Representatives; and
(C) the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Small unmanned aircraft; unmanned aircraft
system.--The terms ``small unmanned aircraft'' and
``unmanned aircraft system'' have the meanings given,
respectively, in section 44801 of title 49, United
States Code.
----------
147. An Amendment To Be Offered by Representative Gallagher of
Wisconsin or His Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title VIII the following:
SEC. 8__. PROHIBITION ON PROCUREMENT OR OPERATION OF FOREIGN-MADE
UNMANNED AIRCRAFT SYSTEMS.
(a) Prohibition on Procurement.--
(1) In general.--Except as otherwise provided in this
subsection, the head of an executive agency may not
procure any commercial off-the-shelf drone or covered
unmanned aircraft, or any component thereof for use in
such a drone or unmanned aircraft, that is manufactured
or assembled by a covered foreign entity, including any
flight controllers, radios, core processors, printed
circuit boards, cameras, or gimbals.
(2) Exemption.--The Secretary of Homeland Security
and the Secretary of Defense are exempt from the
requirements of paragraph (1) if the operation or
procurement--
(A) is for the purposes of training, testing,
or analysis for--
(i) counter-UAS system surrogate
intelligence;
(ii) electronic warfare; or
(iii) information warfare operations;
and
(B) is required in the national interest of
the United States.
(3) Procurement of printed circuit boards.--
(A) In general.--Beginning in fiscal year
2023, the head of an executive agency shall
require that any contractor or subcontractor
that provides printed circuit boards for use in
covered unmanned aircraft or commercial off-
the-shelf drones to certify that, of the total
value of the printed circuit boards provided by
such contractor or subcontractor pursuant to a
contract with an executive agency, not more
than the percentages set forth in subparagraph
(B) were manufactured and assembled by a
covered foreign entity.
(B) Percentages.--In making a certification
under subsection (a), a contractor or
subcontractor shall use the following
percentages:
(i) During fiscal years 2023 through
2027, the lesser of--
(I) 50 percent; or
(II) 25 percent, if the
relevant head of an executive
agency has determined that
suppliers other than covered
foreign entities are capable of
supplying 75 percent of the
requirements of the executive
agency for printed circuit
boards.
(ii) During fiscal years 2028 through
2032, the lesser of--
(I) 25 percent; or
(II) Zero percent, if the
relevant head of an executive
agency has determined that
suppliers other than covered
foreign entities are capable of
supplying 100 percent the
requirements of the executive
agency for printed circuit
boards.
(C) Remediation.--
(i) In general.--If a contractor or
subcontractor is unable to make the
certification required under
subparagraph (A), the head of an
executive agency may accept printed
circuit boards from such contractor or
subcontractor for up to one year while
requiring the contractor to complete a
remediation plan. Such plan shall be
submitted to Congress and shall require
the contractor or subcontractor that
failed to make the certification
required under subparagraph (A) to--
(I) audit its supply chain to
identify any areas of security
vulnerability; and
(II) meet the requirements of
subparagraph (A) within one
year after the initial missed
certification deadline.
(ii) Restriction.--No contractor or
subcontractor that has supplied printed
circuit boards while under a
remediation plan shall be eligible to
enter into another remediation plan
under subparagraph (C) for a period of
five years.
(iii) Waiver.--The head of an
executive agency may waive the
requirement under subparagraph (A) with
respect to a contractor or
subcontractor if the head of an
executive agency determines that--
(I) there are no significant
national security concerns
regarding counterfeiting,
quality, or unauthorized access
created by accepting printed
circuit boards under such
waiver; and
(II) the contractor is
otherwise in compliance with
all cybersecurity requirements
applicable to such contractor
under Federal laws or
regulations.
(iv) Availability exception.--
Subparagraph (A) shall not apply to the
extent that the head of an executive
agency determines that printed circuit
boards of satisfactory quality and
sufficient quantity, in the required
form, cannot be procured as and when
needed from entities that are not
covered foreign entities.
(4) Waiver.--The head of an executive agency may
waive the prohibition under paragraph (1), except with
respect to a contract to procure printed circuit boards
for use in covered unmanned aircraft or commercial off-
the-shelf drones, on a case-by-case basis with the
approval of the Secretary of Homeland Security or the
Secretary of Defense and notification to Congress.
(5) Component prohibition applicability.--Except as
otherwise provided in this subsection, the prohibition
under paragraph (1) regarding components of commercial
off-the-shelf drones or covered unmanned aircraft shall
apply only to contracts for the procurement of such
components that are entered into on or after the date
that is 2 years after the date of the enactment of this
Act.
(b) Prohibition on Operation.--
(1) Prohibition.--
(A) In general.--Beginning not later than 180
days after the date of the enactment of this
Act, the head of an executive agency may not
operate a commercial off-the-shelf drone or
covered unmanned aircraft manufactured or
assembled by a covered foreign entity.
(B) Phase-in period for existing contracts.--
The prohibition under subparagraph (A) shall
not apply, during the 1-year period beginning
on the date of the enactment of this Act, to
commercial off-the-shelf drones and covered
unmanned aircraft procured through a contract
entered into before the date of the enactment
of this Act.
(2) Exemption.--The Secretary of Homeland Security
and the Secretary of Defense are exempt from the
restriction under paragraph (1) if the operation--
(A) is for the purposes of training, testing,
or analysis for--
(i) counter-UAS system surrogate
intelligence;
(ii) electronic warfare; or
(iii) information warfare operations;
and
(B) is required in the national interest of
the United States.
(3) Waiver.--The head of an executive agency may
waive the prohibition under paragraph (1) on a case-by-
case basis with the approval of the Secretary of
Homeland Security or the Secretary of Defense and
notification to Congress.
(4) Regulations.--Not later than 180 days after the
date of the enactment of this Act, the Director of the
Office of Management and Budget, in coordination with
the Secretary of Homeland Security, Secretary of
Transportation, the Attorney General, and such other
Federal departments and agencies as determined by the
Director of the Office of Management and Budget, and in
consultation with the Under Secretary of Commerce for
Standards and Technology, shall establish a
Governmentwide policy for the operation of UASs for
non-Department of Defense and non-intelligence
community operations.
(c) Prohibition on Use of Federal Funds.--The requirements
described in subsection (a) shall apply with respect to the use
of Federal funds awarded through a contract, grant, or
cooperative agreement, or made available to a State or local
government, or any subdivision thereof.
(d) Comptroller General Report.--Not later than 90 days after
the date of the enactment of this Act, the Comptroller General
of the United States shall submit to Congress a report on the
quantity of commercial off-the-shelf drones and covered
unmanned aircraft procured by Federal departments and agencies
from covered foreign entities.
(e) Interaction With Other Law.--Section 848 of the National
Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 2302
note) does not apply with respect to a commercial off-the-shelf
drone or covered unmanned aircraft, or any component thereof
intended for use in such a drone or unmanned aircraft, to which
the provisions of this Act apply.
(f) Definitions.--In this section:
(1) Commercial off-the-shelf drone.--The term
``commercial off-the-shelf drone'' means a covered
unmanned aircraft that is a commercially available off-
the-shelf item (as defined in section 104 of title 41,
United States Code).
(2) Covered foreign entity.--The term ``covered
foreign entity'' means--
(A) a covered entity (as determined by the
Secretary of Commerce);
(B) any entity that is subject to
extrajudicial direction from a foreign
government, as determined by the Director of
National Intelligence;
(C) any entity the Secretary of Homeland
Security, in coordination with the Director of
National Intelligence, the Secretary of
Defense, and the Secretary of State, determines
poses a national security risk;
(D) any entity subject to influence or
control by the Government of the People
Republic of China or the Communist Party of the
People's Republic of China, as determined by
the Secretary of Homeland Security; and
(E) any subsidiary or affiliate of an entity
described in subparagraphs (A) through (D).
(3) Covered unmanned aircraft.--The term ``covered
unmanned aircraft'' means an unmanned aircraft or
unmanned aircraft system as such terms are defined,
respectively, in section 44801 of title 49, United
States Code.
(4) Executive agency.--The term ``executive agency''
has the meaning given such term in section 105 of title
5, United States Code.
(5) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section
3 of the National Security Act of 1947 (50 U.S.C.
3003).
(6) UAS.--The term ``UAS'' has the meaning given the
term ``unmanned aircraft system'' in section 44801 of
title 49, United States Code.
----------
148. An Amendment To Be Offered by Representative Gallagher of
Wisconsin or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title V, add the following new
section:
SEC. 5__. PROHIBITION ON CERTAIN COMMUNICATIONS REGARDING COURTS-
MARTIAL.
Section 825 of title 10, United States Code (article 25 of
the Uniform Code of Military Justice) is amended by adding at
the end the following new subsection:
``(g) No individual may provide a briefing concerning a
potential or pending court-martial to a member of the armed
forces who may be selected to serve on the court-martial.''.
----------
149. An Amendment To Be Offered by Representative Golden of Maine or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, add the following new
section:
SECTION ___. PANDEMIC HEALTH ASSESSMENTS EVALUATE EXPOSURE TO OPEN BURN
PITS AND TOXIC AIRBORNE CHEMICALS.
(a) Exposure to Open Burn Pits and Toxic Airborne Chemicals
or Other Airborne Contaminants as Part of Health Assessments
for Members of the Armed Forces and Veterans During a Pandemic
and Inclusion of Information in Registry.--
(1) Health assessment.--The Secretary of Defense and
Secretary of Veterans Affairs shall ensure that the
first health assessment conducted for a member of the
Armed Forces or veteran after the individual tested
positive for a virus certified by the Federal
Government as a pandemic includes an evaluation of
whether the individual has been--
(A) based or stationed at a location where an
open burn pit was used; or
(B) exposed to toxic airborne chemicals or
other airborne contaminants relating to service
in the Armed Forces, including an evaluation of
any information recorded as part of the
Airborne Hazards and Open Burn Pit Registry.
(2) Inclusion of individuals in registry.--If an
evaluation conducted under paragraph (1) with respect
to an individual establishes that the individual was
based or stationed at a location where an open burn pit
was used, or that the individual was exposed to toxic
airborne chemicals or other airborne contaminants, the
individual shall be enrolled in the Airborne Hazards
and Open Burn Pit Registry unless the member elects to
not enroll in such registry.
(3) Rule of construction.--Nothing in this subsection
may be construed to preclude eligibility of a veteran
for benefits under the laws administered by the
Secretary of Veterans Affairs by reason of the history
of exposure of the veteran to an open burn pit not
being recorded in an evaluation conducted under
paragraph (1).
(4) Definitions.--In this subsection:
(A) Airborne hazards and open burn pit
registry.--The term ``Airborne Hazards and Open
Burn Pit Registry'' means the registry
established by the Secretary of Veterans
Affairs under section 201 of the Dignified
Burial and Other Veterans' Benefits Improvement
Act of 2012 (Public Law 112-260; 38 U.S.C. 527
note).
(B) Open burn pit.--The term ``open burn
pit'' has the meaning given that term in
section 201(c) of the Dignified Burial and
Other Veterans' Benefits Improvement Act of
2012 (Public Law 112-260; 126 Stat. 2422; 38
U.S.C. 527 note).
(b) Study on Impact of Viral Pandemics on Members of Armed
Forces and Veterans Who Have Experienced Toxic Exposure.--
(1) In general.--The Secretary of Veterans Affairs
shall conduct a study, through the Airborne Hazards and
Burn Pits Center of Excellence (in this subsection
referred to as the ``Center''), on the health impacts
of infection with a virus designated as a global
pandemic, including a coronavirus, to members of the
Armed Forces and veterans who have been exposed to open
burn pits and other toxic exposures for the purposes of
understanding the health impacts of the virus and
whether individuals infected with the virus are at
increased risk of severe symptoms due to previous
conditions linked to toxic exposure.
(2) Preparation for future pandemic.--The Secretary,
through the Center, shall analyze potential lessons
learned through the study conducted under paragraph (1)
to assist in preparing the Department of Veterans
Affairs for potential future pandemics.
(3) Definitions.--In this subsection:
(A) Coronavirus.--The term ``coronavirus''
has the meaning given that term in section 506
of the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (Public
Law 116-123).
(B) Open burn pit.--The term ``open burn
pit'' has the meaning given that term in
section 201(c) of the Dignified Burial and
Other Veterans' Benefits Improvement Act of
2012 (Public Law 112-260; 126 Stat. 2422; 38
U.S.C. 527 note).
----------
150. An Amendment To Be Offered by Representative Golden of Maine or
His Designee, Debatable for 10 Minutes
Page 470, after line 6, insert the following:
SEC. 626. GOLD STAR FAMILIES PARKS PASS.
(a) Short Title.--This section may be referred to as the
``Gold Star Families Parks Pass Act''.
(b) Gold Star Families Parks Pass.--Section 805(b) of
division J of the Consolidated Appropriations Act, 2005 (16
U.S.C. 6804(b); 118 Stat. 3386), is amended by adding at the
end the following new paragraph:
``(3) Gold star families parks pass.--The Secretary
shall make the National Parks and Federal Recreational
Lands Pass available, at no cost, to members of Gold
Star Families, as defined by section 3.2 of Department
of Defense Instruction 1348.36.''.
----------
151. An Amendment To Be Offered by Representative Gonzalez of Ohio or
His Designee, Debatable for 10 Minutes
Page 1115, after line 5, insert the following:
Subtitle F--Accountability for World Bank Loans to China
SEC. 1771. SHORT TITLE.
This subtitle may be cited as the ``Accountability for World
Bank Loans to China Act of 2019''.
SEC. 1772. FINDINGS.
The Congress finds as follows:
(1) Possessing more than $3,000,000,000,000 in
foreign exchange reserves, the People's Republic of
China has devoted state resources to establish the
Asian Infrastructure Investment Bank, the New
Development Bank, and activities under the Belt and
Road Initiative, potentially creating rivals to the
multilateral development banks led by the United States
and its allies.
(2) The International Bank for Reconstruction and
Development (IBRD), the World Bank's primary financing
institution for middle-income countries, ceases to
finance (``graduates'') countries that are able to
sustain long-term development without recourse to Bank
resources.
(3) The IBRD examines a country's potential
graduation when the country reaches the Graduation
Discussion Income (GDI), which amounts to a Gross
National Income (GNI) per capita of $6,975.
(4) The World Bank calculates China's GNI per capita
as equivalent to $9,470.
(5) According to the Center for Global Development,
China has received $7,800,000,000 in IBRD commitments
since crossing the GDI threshold in 2016.
SEC. 1773. UNITED STATES SUPPORT FOR GRADUATION OF CHINA FROM WORLD
BANK ASSISTANCE.
(a) In General.--The United States Governor of the
International Bank for Reconstruction and Development (IBRD)
shall instruct the United States Executive Director at the IBRD
that it is the policy of the United States to--
(1) pursue the expeditious graduation of the People's
Republic of China from assistance by the IBRD,
consistent with the lending criteria of the IBRD; and
(2) until the graduation of China from IBRD
assistance, prioritize projects in China that
contribute to global public goods, to the extent
practicable.
(b) Sunset.--Subsection (a) shall have no force or effect on
or after the earlier of--
(1) the date that is 7 years after the date of the
enactment of this Act; or
(2) the date that the Secretary of the Treasury
reports to the Committee on Financial Services of the
House of Representatives and the Committee on Foreign
Relations of the Senate that termination of subsection
(a) is important to the national interest of the United
States, with a detailed explanation of the reasons
therefor.
SEC. 1774. ACCOUNTABILITY FOR WORLD BANK LOANS TO THE PEOPLE'S REPUBLIC
OF CHINA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the United States Governor of the
International Bank for Reconstruction and Development (in this
section referred to as the ``IBRD'') shall submit the report
described in subsection (b) to the Committee on Financial
Services of the House of Representatives and the Committee on
Foreign Relations of the Senate.
(b) Report Described.--The report described in this
subsection shall include the following:
(1) A detailed description of the efforts of the
United States Governor of the IBRD to enforce the
timely graduation of countries from the IBRD, with a
particular focus on the efforts with regard to the
People's Republic of China.
(2) If the People's Republic of China is a member
country of the IBRD, an explanation of any economic or
political factors that have prevented the graduation of
the People's Republic of China from the IBRD.
(3) A discussion of any effects resulting from
fungibility and IBRD lending to China, including the
potential for IBRD lending to allow for funding by the
government of the People's Republic of China of
activities that may be inconsistent with the national
interest of the United States.
(4) An action plan to help ensure that the People's
Republic of China graduates from the IBRD within 2
years after submission of the report, consistent with
the lending eligibility criteria of the IBRD.
(c) Waiver of Requirement That Report Include Action Plan.--
The Secretary of the Treasury may waive the requirement of
subsection (b)(4) on reporting to the Committee on Financial
Services of the House of Representatives and the Committee on
Foreign Relations of the Senate that the waiver is important to
the national interest of the United States, with a detailed
explanation of the reasons therefor.
SEC. 1775. ENSURING DEBT TRANSPARENCY WITH RESPECT TO THE BELT AND ROAD
INITIATIVE.
Within 180 days after the date of the enactment of this Act,
the Secretary of the Treasury shall, in consultation with the
Secretary of State, submit to the Committee on Financial
Services and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report (which should be submitted in unclassified form
but may include a classified annex) that includes the
following:
(1) An assessment of the level of indebtedness of
countries receiving assistance through the Belt and
Road Initiative that are also beneficiary countries of
the international financial institutions, including the
level and nature of indebtedness to the People's
Republic of China or an entity owned or controlled by
the government of the People's Republic of China.
(2) An analysis of debt management assistance
provided by the World Bank, the International Monetary
Fund, and the Office of Technical Assistance of the
Department of the Treasury to borrowing countries of
the Belt and Road Initiative of the People's Republic
of China (or any comparable initiative or successor
initiative of China).
(3) An assessment of the effectiveness of United
States efforts, including bilateral efforts and
multilateral efforts, at the World Bank, the
International Monetary Fund, other international
financial institutions and international organizations
to promote debt transparency.
----------
152. An Amendment To Be Offered by Representative Gonzalez-Colon of
Puerto Rico or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, insert the following:
SEC. __. SUPPORT FOR THE DESIGNATION OF NATIONAL BORINQUENEERS DAY.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) in 1898, Puerto Rico became a territory of the
United States and, the following year, Congress
authorized raising a military unit of volunteer
soldiers on the island, which was organized as the
``Puerto Rico Regiment of Volunteer Infantry'';
(2) in 1908, Congress incorporated the regiment as
part of the regular United States Army as the ``Puerto
Rico Regiment of Infantry'';
(3) in 1917, after the United States entry into World
War I, the Puerto Rico Regiment of Infantry was sent to
Panama to defend the Panama Canal Zone;
(4) in 1920, Congress redesignated the unit as the
65th Infantry Regiment of the United States Army;
(5) during World War II, the 65th Infantry Regiment
served in North Africa and Europe, including combat
operations in France and Germany for which members of
the unit received commendations for valiant service,
including 1 Distinguished Service Cross, 2 Silver
Stars, 2 Bronze Stars, and 90 Purple Hearts;
(6) in 1950, the 65th Infantry Regiment deployed to
South Korea, and during the voyage the soldiers
nicknamed the unit the ``Borinqueneers'', a reference
to the native Taino Tribe's name for the island of
Puerto Rico;
(7) during the Korean war, the 65th Infantry Regiment
(hereinafter, the ``Borinqueneers'') engaged in
substantial combat operations on the Korean Peninsula,
and the unit played a central role in several important
offensives and counter-offensives that earned it well-
deserved admiration and commendation;
(8) the Borinqueneers' extraordinary service during
the Korean war resulted in the Regiment receiving 2
Presidential Unit Citations (Army and Navy), 2 Republic
of Korea Presidential Unit Citations, a Meritorious
Unit Commendation (Army), a Navy Unit Commendation, the
Chryssoun Aristion Andrias (Bravery Gold Medal of
Greece), and campaign participation credits for United
Nations Offensive, Chinese Communist Forces (CCF)
Intervention, First United Nations Counteroffensive,
CCF Spring Offensive, United Nations Summer-Fall
Offensive, Second Korean Winter, Korea Summer-Fall
1952, Third Korean Winter, and Korea Summer 1953;
(9) the Borinqueneers' extraordinary service during
the Korean war also resulted in numerous individual
commendations and awards for its soldiers, including 1
Medal of Honor, 9 Distinguished Service Crosses, more
than 250 Silver Stars, more than 600 Bronze Stars, and
more than 2,700 Purple Hearts;
(10) in 1956, the 65th Infantry Regiment was
deactivated from the regular United States Army and, in
1959, its units and regimental number were assigned to
the Puerto Rico National Guard;
(11) in 1982, the United States Army Center of
Military History officially authorized designating the
65th Infantry Regiment as the ``Borinqueneers''; and
(12) on April 13, 2016, Congress awarded the
Congressional Gold Medal to the 65th Infantry Regiment
in recognition of the Borinqueneers' numerous
contributions to American history and outstanding
military service from World War I through the recent
conflicts in Afghanistan and Iraq.
(b) Resolution.--The House of Representatives--
(1) expresses support for the designation of
``National Borinqueneers Day'';
(2) recognizes the bravery, service, and sacrifice of
the Puerto Rican soldiers of the 65th Infantry Regiment
in the armed conflicts of the United States in the 20th
and 21st centuries;
(3) expresses deep gratitude for the contributions to
the Armed Forces that have been made by hundreds of
thousands of patriotic United States citizens from
Puerto Rico; and
(4) urges individuals and communities across the
United States to participate in activities that are
designed--
(A) to celebrate the distinguished service of
the military veterans who served in the 65th
Infantry Regiment, known as the
``Borinqueneers'';
(B) to pay tribute to the sacrifices made and
adversities overcome by Puerto Rican and
Hispanic military service members; and
(C) to recognize the significant
contributions to American history made by the
65th Infantry Regiment, known as the
``Borinqueneers''.
----------
153. An Amendment to be Offered by Representative Gonzalez-Colon of
Puerto Rico or Her Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII, add the following new
section:
SEC. 746. BRIEFING ON EXTENSION OF TRICARE PRIME TO ELIGIBLE
BENEFICIARIES IN PUERTO RICO AND OTHER UNITED
STATES TERRITORIES.
(a) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide
to the congressional defense committees a briefing on the
feasibility, benefits, and costs of extending eligibility to
enroll in TRICARE Prime to eligible beneficiaries who reside in
Puerto Rico and other United States territories.
(b) Elements.--The briefing under subsection (a) shall
provide an assessment specifically tailored to each United
States territory and include, at a minimum--
(1) a description and update of the findings
contained in the 2019 Department of Defense report on
the feasibility and effect of extending TRICARE Prime
to eligible beneficiaries residing in Puerto Rico, as
required by the conference report accompanying the John
S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232);
(2) an assessment of whether otherwise eligible
beneficiaries residing in Puerto Rico and other United
States territories have access to health care that is
equivalent, with respect to both quality and cost, to
the care available to their counterparts residing in
the States and the District of Columbia;
(3) an assessment of the feasibility, benefits,
beneficiary satisfaction and costs of extending TRICARE
Prime to some, but not all, categories of beneficiaries
residing in Puerto Rico and other United States
territories; and
(4) an assessment of opportunities to partner with
other Federal health care systems to support resources
and share costs and services in extending TRICARE Prime
in Puerto Rico and the other United States territories.
(c) Other United States Territories Defined.--In this
section, the term ``other United States territories'' means
American Samoa, Guam, the Northern Mariana Islands, and the
United States Virgin Islands.
----------
154. An Amendment To Be Offered by Representative Gosar of Arizona or
His Designee, Debatable for 10 Minutes
Page 577, line 19, insert ``(a) In General.--'' before ``The
Secretary''.
Page 578, after line 4, insert the following new subsection:
(b) Eliminate Dependency on China.--Not later than 180 days
after the date of the enactment of this Act, the Under
Secretary of Defense for Acquisition and Sustainment, in
consultation with the Under Secretary of Defense (Comptroller),
the Vice Chairman of the Joint Chiefs of Staff, and the
appropriate Under Secretary of State, as designated by the
Secretary of State, shall issue guidance to ensure the
elimination of the dependency of the United States on rare
earth materials from China by fiscal year 2035.
----------
155. An Amendment To Be Offered by Representative Gottheimer of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title X, insert the following:
SEC. 10__. ANNUAL REPORT ON USE OF SOCIAL MEDIA BY FOREIGN TERRORIST
ORGANIZATIONS.
(a) Annual Report.--The Secretary of Defense, in coordination
with the Secretary of State, shall submit to the appropriate
congressional committees an annual report on--
(1) the use of online social media platforms by
entities designated as foreign terrorist organizations
by the Department of State for recruitment,
fundraising, and the dissemination of information; and
(2) the threat posed to the national security of the
United States by the online radicalization of
terrorists and violent extremists.
(b) Appropriate Congressional Committees.--In this section,
the appropriate congressional committees are--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on
Intelligence of the Senate.
----------
156. An Amendment To Be Offered by Representative Gottheimer of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title V, insert the following:
SEC. 5__. QUARANTINE HOUSING FOR MEMBERS OF THE NATIONAL GUARD WHO
PERFORM CERTAIN DUTY IN RESPONSE TO THE COVID-19
EMERGENCY.
(a) In General.--The Secretary of Defense shall provide, to a
member of the National Guard who performs a period of covered
duty, housing for not fewer than 14 days immediately after the
end of such period of covered duty.
(b) Definitions.--In this section:
(1) The term ``covered duty'' means full-time
National Guard duty performed in response to the
covered national emergency.
(2) The term ``covered national emergency'' means the
national emergency declared on March 13, 2020, by the
President under the National Emergencies Act (50 U.S.C.
1601 et seq.) with respect to COVID-19.
(3) The term ``full-time National Guard duty'' has
the meaning given that term in section 101 of title 10,
United States Code.
----------
157. An Amendment To Be Offered by Representative Gottheimer of New
Jersey or His Designee, Debatable for 10 Minutes
Page 237, line 18, after ``sites,'' insert the following: ``,
and any testing for lead or copper at a Department education
activity facility,''.
----------
158. An Amendment To Be Offered by Representative Gottheimer of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of subtitle J of title V, insert the following:
SEC. 5__. ANNUAL REPORT REGARDING COST OF LIVING FOR MEMBERS AND
EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
Section 136 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e) The Under Secretary of Defense for Personnel and
Readiness shall submit annually to the Committees on Armed
Services of the Senate and House of Representatives a report
containing an analysis of the costs of living, nationwide, for
``(1) members of the Armed Forces on active duty; and
``(2) employees of the Department of Defense.''.
----------
159. An Amendment To Be Offered by Representative Graves of Louisiana
or His Designee, Debatable for 10 Minutes
At the end of subtitle I of title V, insert the following:
SEC. 5__. ELIGIBILITY OF VETERANS OF OPERATION END SWEEP FOR VIETNAM
SERVICE MEDAL.
The Secretary of the military department concerned may, upon
the application of an individual who is a veteran who
participated in Operation End Sweep, award that individual the
Vietnam Service Medal.
----------
160. An Amendment To Be Offered by Representative Graves of Louisiana
or His Designee, Debatable for 10 Minutes
In subtitle B of title V, add at the end the following:
SEC. __. NATIONAL GUARD SUPPORT TO MAJOR DISASTERS.
(a) In General.--Section 502(f) of title 32, United States
Code, is amended--
(1) in paragraph (2), by adding at the end the
following:
``(C) Operations or missions authorized by the
President or the Secretary of Defense to support large
scale, complex, catastrophic disasters, as defined by
section 311(3) of title 6, United States Code, at the
request of a State governor.''; and
(2) by adding at the end the following:
``(4) With respect to operations or missions
described under paragraph (2)(C), there is authorized
to be appropriated to the Secretary of Defense such
sums as may be necessary to carry out such operations
and missions, but only if--
``(A) an emergency has been declared by the
governor of the applicable State; and
``(B) the President has declared the
emergency to be a major disaster for the
purposes of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act.''.
(b) Report on Methods to Enhance Domestic Response to Large
Scale, Complex and Catastrophic Disasters.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense, in consultation and coordination with the
Federal Emergency Management Agency, the National
Security Council, the Council of Governors, and the
National Governors Association, shall submit to the
congressional defense, the Committees on Transportation
and Infrastructure and Homeland Security of the House
of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate a
report on their plan to establish policy and processes
to implement the authority provided by the amendments
made by section 520. The report shall include a
detailed examination of the policy framework consistent
with existing authorities, identify major statutory or
policy impediments to implementation, and make
recommendations for legislation as appropriate.
(2) Contents.--The report submitted under paragraph
(1) shall include a description of--
(A) the current policy and processes whereby
governors can request activation of the
National Guard under title 32, United States
Code, as part of the response to large scale,
complex, catastrophic disasters that are
supported by the Federal Government and, if no
formal process exists in policy, the Secretary
of Defense shall provide a timeline and plan to
establish such a policy, including consultation
with the Council of Governors and the National
Governors Association;
(B) the Secretary of Defense's assessment,
informed by consultation with the Federal
Emergency Management Agency, the National
Security Council, the Council of Governors, and
the National Governors Association, regarding
the sufficiency of current authorities for the
reimbursement of National Guard and Reserve
manpower during large scale, complex,
catastrophic disasters under title 10 and title
32, United States Code, and specifically
whether reimbursement authorities are
sufficient to ensure that military training and
readiness are not degraded to fund disaster
response, or invoking them degrades the
effectiveness of the Disaster Relief Fund;
(C) the Department of Defense's plan to
ensure there is parallel and consistent policy
in the application of the authorities granted
under section 12304a of title 10, United States
Code, and section 502(f) of title 32, United
States Code, including--
(i) a description of the disparities
between benefits and protections under
Federal law versus State active duty;
(ii) recommended solutions to achieve
parity at the Federal level; and
(iii) recommended changes at the
State level, if appropriate;
(D) the Department of Defense's plan to
ensure there is parity of benefits and
protections for military members employed as
part of the response to large scale, complex,
catastrophic disasters under title 32 or title
10, United States Code, and recommendations for
addressing shortfalls; and
(E) a review, by the Federal Emergency
Management Agency, of the current policy for,
and an assessment of the sufficiency of,
reimbursement authority for the use of all
National Guard and Reserve, both to the
Department of Defense and to the States, during
large scale, complex, catastrophic disasters,
including any policy and legal limitations, and
cost assessment impact on Federal funding.
----------
161. An Amendment To Be Offered by Representative Green of Texas or His
Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVII, add the following new
section:
SEC. 1706. GAO STUDY OF CYBERSECURITY INSURANCE.
(a) Study.--The Comptroller General of the United States
shall conduct a study to assess and analyze the state and
availability of insurance coverage in the United States for
cybersecurity risks, which shall include--
(1) identifying the number and dollar volume of cyber
insurance policies currently in force and the
percentage of businesses, and specifically small
businesses, that have cyber insurance coverage;
(2) assessing the extent to which States have
established minimum standards for the scope of cyber
insurance policies; and
(3) identifying any barriers to modeling and
underwriting cybersecurity risks.
(b) Report.--Not later than the expiration of the 180-day-
month period beginning on the date of the enactment of this
Act, the Comptroller General shall submit a report to the
Congress setting forth the findings and conclusions of the
study conducted pursuant to subsection (a), which shall include
recommendations on whether or not Federal intervention would
help facilitate the growth and development of insurers offering
coverage for cybersecurity risks, the availability and
affordability of such coverage, and policyholder education
regarding such coverage.
----------
162. An Amendment To Be Offered by Representative Green of Tennessee or
His Designee, Debatable for 10 Minutes
Page 978, after line 16, add the following new section:
SEC. 1637. STRENGTHENING FEDERAL NETWORKS.
(a) Authority.--Section 3553(b) of title 44, United States
Code, is amended--
(1) in paragraph (6)(D), by striking ``; and'' at the
end and inserting a semicolon;
(2) by redesignating paragraph (7) as paragraph (8);
and
(3) by inserting after paragraph (6) the following
new paragraph:
``(7) hunting for and identifying, with or without
advance notice, threats and vulnerabilities within
Federal information systems; and''.
(b) Binding Operational Directive.--Not later than 1 year
after the date of the enactment of this section, the Secretary
of Homeland Security shall issue a binding operational
directive pursuant to subsection (b)(2) of section 3553 of
title 44, United States Code, to implement paragraph (7) of
section 3553(b) of title 44, United States Code, as added by
subsection (a).
----------
163. An Amendment To Be Offered by Representative Haaland of New Mexico
or Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. 12__. LIMITATION ON ASSISTANCE TO BRAZIL.
No Federal funds may be obligated or expended to provide any
United States security assistance or security cooperation to
the defense, security, or police forces of the Government of
Brazil to involuntarily relocate, including through coercion or
the use of force, the indigenous or Quilombola communities in
Brazil.
----------
164. An Amendment To Be Offered by Representative Haaland of New Mexico
or Her Designee, Debatable for 10 Minutes
At the end of subtitle H of title V, insert the following:
SEC. 5__. PLAN TO IMPROVE RESPONSES TO PREGNANCY AND CHILDBIRTH BY
MEMBERS OF THE ARMED FORCES AND EMPLOYEES OF THE
DEPARTMENT OF DEFENSE.
(a) Plan Required.--The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall develop
a plan to ensure that the career of a covered individual is not
unduly affected because of being a covered individual. The plan
shall address the following policy considerations:
(1) Enforcement and implementation of the Pregnancy
Discrimination Act (Public Law 95-555; 42 U.S.C.
2000e(k)) by the Department of Defense and the Equal
Employment Opportunity Commission with regards to
civilian employees of the Department of Defense.
(2) The need for individual determinations regarding
the ability of members of the Armed Forces to serve
during and after pregnancy.
(3) Responses to the effects specific to covered
individuals who reintegrate into home life after
deployment.
(4) Pregnancy discrimination training, including
comprehensive education of new policies to diminish
stigma, stereotypes, and negative perceptions regarding
covered individuals, including with regards to
commitment to the Armed Forces and abilities.
(5) Opportunities to maintain readiness when
positions are unfilled due to pregnancy, medical
conditions arising from pregnancy or childbirth,
pregnancy convalescence, or parental leave.
(6) Reasonable accommodations for covered individuals
in general and specific accommodations based on career
field or military occupational specialty.
(7) Reissuing school enrollments or special
assignments to covered individuals.
(8) Extended assignments and performance reporting
periods for covered individuals.
(9) A mechanism by which covered individuals may
report harassment or discrimination, including
retaliation, relating to being a covered individual.
(b) Report on Plan.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report detailing the plan
required under this section and a strategy to implement the
plan.
(c) Implementation.--Not later than two years after the date
of the enactment of this Act, the Secretary of Defense shall--
(1) complete implementation of the plan under this
section; and
(2) submit to the congressional defense committees a
report detailing the research performed,
considerations, and policy changes implemented under
this section.
(d) Covered Individual Defined.--In this section, the term
``covered individual'' means a member of the Armed Forces or
employee of the Department of Defense who--
(1) is pregnant;
(2) gives birth to a child; or
(3) incurs a medical condition arising from pregnancy
or childbirth.
----------
165. An Amendment To Be Offered by Representative Hagedorn of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VIII, add the following new
section:
SEC. 8__. PAST PERFORMANCE RATINGS OF CERTAIN SMALL BUSINESS CONCERNS.
(a) Past Performance Ratings of Joint Ventures for Small
Business Concerns.--Section 15(e) of the Small Business Act (15
U.S.C. 644(e)) is amended by adding at the end the following:
``(5) Past performance ratings of joint ventures for
small business concerns.--With respect to evaluating an
offer for a prime contract made by a small business
concern that previously participated in a joint venture
with another business concern (whether or not such
other business concern was itself a small business
concern), the Administrator shall establish
regulations--
``(A) requiring contracting officers to
consider the record of past performance of the
joint venture when evaluating the past
performance of the small business concern; and
``(B) requiring the small business concern to
inform the contracting officer what duties and
responsibilities the small business concern
carried out as part of the joint venture.''.
(b) Past Performance Ratings of First-tier Small Business
Subcontractors.--Section 8(d)(17) of the Small Business Act (15
U.S.C. 637(d)(17)) is amended to read as follows:
``(17) Past performance ratings for certain small
business subcontractors.--
``(A) In general.--Upon request by a small
business concern that performed as a first tier
subcontractor on a covered contract (as defined
in paragraph 13(A)) that is submitting an offer
for a solicitation, the prime contractor for
such covered contract shall submit to the
contracting agency issuing the solicitation or
to such small business concern a record of past
performance for such small business concern
with respect to such covered contract.
``(B) Consideration.--A contracting officer
shall consider the record of past performance
of a small business concern provided under
subparagraph (A) when evaluating an offer for a
prime contract made by such small business
concern.''.
(c) Rulemaking.--
(1) Small buisness administration.--Not later than
the end of the 120-day period beginning on the date of
enactment of this Act, the Administrator of the Small
Business Administration shall issue rules to carry out
this section and the amendments made by this section.
(2) Federal acquisition regulation.--Not later than
the end of the 120-day period beginning on the date
that rules are issued under paragraph (1), the Federal
Acquisition Regulation shall be revised to reflect such
rules.
----------
166. An Amendment To Be Offered by Representative Harder of California
or his Designee, Debatable for 10 Minutes
At the end of subtitle D of title V, insert the following:
SEC. 5__. TERMINATION OF CONTRACTS FOR TELEPHONE, MULTICHANNEL VIDEO
PROGRAMMING, OR INTERNET ACCESS SERVICE BY CERTAIN
INDIVIDUALS UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
Section 305A(a) of the Servicemembers Civil Relief Act (50
U.S.C. 3956(a)) is amended by adding at the end the following
new paragraph:
``(4) Additional individuals covered.--For purposes
of this section, the following individuals shall be
treated as a servicemember covered by paragraph (1):
``(A) A spouse or dependent of a
servicemember who dies while in military
service or a spouse or dependent of a member of
the reserve components who dies while
performing duty described in subparagraph (C).
``(B) A spouse or dependent of a
servicemember who incurs a catastrophic injury
or illness (as that term is defined in section
439(g) of title 37, United States Code), if the
servicemember incurs the catastrophic injury or
illness while performing duty described in
subparagraph (C).
``(C) A member of the reserve components
performing military service or performing full-
time National Guard duty, active Guard and
Reserve duty, or inactive-duty training (as
such terms are defined in section 101(d) of
title 10, United States Code).''.
----------
167. An Amendment To Be Offered by Representative Hastings of Florida
or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title XII, add the following:
SEC. 12__. SENSE OF CONGRESS ON THE OPEN SKIES TREATY.
It is the sense of Congress that--
(1) the decision to withdraw from the Treaty on Open
Skies, done at Helsinki March 24, 1992, and entered
into force January 1, 2002--
(A) did not comply with the requirement in
section 1234(a) of the National Defense
Authorization Act for Fiscal Year 2020 (133
Stat. 1648; 22 U.S.C. 2593a note) to notify
Congress not fewer than 120 days prior to any
such announcement;
(B) was made without asserting material
breach of the Treaty by any other Treaty
signatory; and
(C) was made over the objections of NATO
allies and regional partners;
(2) confidence and security building measures that
are designed to reduce the risk of conflict, increase
trust among participating countries, and contribute to
military transparency remain vital to the strategic
interests of our NATO allies and partners and should
continue to play a central role as the United States
engages in the region to promote transatlantic
security; and
(3) while the United States must always consider the
national security benefits of remaining in any treaty,
responding to Russian violations of treaty protocols
should be prioritized through international engagement
and robust diplomatic action.
----------
168. An Amendment To Be Offered by Representative Hastings of Florida
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, insert the following:
SEC. 3__. SENSE OF CONGRESS REGARDING AN INTEGRATED MASTER PLAN TOWARDS
ACHIEVING NET ZERO.
It is the sense of Congress that the Department of Defense
should develop an integrated master plan for pursuing Net Zero
initiatives and reductions in fossil fuels using the findings
of--
(1) the assessment of Department of Defense
operational energy usage required under section 318;
(2) the Comptroller General report on Department of
Defnse installation energy required under section 323;
and
(3) the Department of Defense report on emissions
required under section 324.
----------
169. An Amendment To Be Offered by Representative Hayes of Connecticut
or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title II, add the following new
section:
SEC. 2__. FUNDING FOR AIR FORCE UNIVERSITY RESEARCH INITIATIVES.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding table
in section 4201, for research, development, test, and
evaluation, Air Force, basic research, university research
initiatives (PE 0601103F), line 002 is hereby increased by
$5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for operation and maintenance, Army, admin & servicewide
activities, servicewide communications, line 440 is hereby
reduced by $5,000,000.
----------
170. An Amendment To Be Offered by Representative Higgins of New York
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, insert the following:
SEC. 17_. SUPPORT FOR NATIONAL MARITIME HERITAGE GRANTS PROGRAM.
Of the funds authorized to be appropriated by this Act for
fiscal year 2021 for the Department of Defense, the Secretary
of Defense may contribute $5,000,000 to support the National
Maritime Heritage Grants Program established under section
308703 of title 54, United States Code.
----------
171. An Amendment To Be Offered by Representative Hill of Arkansas or
His Designee, Debatable for 10 Minutes
Page 1115, after line 5, insert the following new section:
SEC. 1762. EXTENSION OF TIME TO REVIEW WORLD WAR I VALOR MEDALS.
(a) In General.--Section 584(f) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1281) is amended by striking ``five'' and inserting
``seven''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if enacted on the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1281).
----------
172. An Amendment To Be Offered by Representative Hill of Arkansas or
His Designee, Debatable for 10 Minutes
Page 1115, after line 5, insert the following:
SEC. 1762. ENSURING CHINESE DEBT TRANSPARENCY.
(a) United States Policy at the International Financial
Institutions.--The Secretary of the Treasury shall instruct the
United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act) that it is the policy
of the United States to use the voice and vote of the United
States at the respective institution to seek to secure greater
transparency with respect to the terms and conditions of
financing provided by the government of the People's Republic
of China to any member state of the respective institution that
is a recipient of financing from the institution, consistent
with the rules and principles of the Paris Club.
(b) Report Required.--The Chairman of the National Advisory
Council on International Monetary and Financial Policies shall
include in the annual report required by section 1701 of the
International Financial Institutions Act--
(1) a description of progress made toward advancing
the policy described in subsection (a) of this section;
and
(2) a discussion of financing provided by entities
owned or controlled by the government of the People's
Republic of China to the member states of international
financial institutions that receive financing from the
international financial institutions, including any
efforts or recommendations by the Chairman to seek
greater transparency with respect to the former
financing.
(c) Sunset.--Subsections (a) and (b) of this section shall
have no force or effect after the earlier of--
(1) the date that is 7 years after the date of the
enactment of this Act; or
(2) 30 days after the date that the Secretary reports
to the Committee on Financial Services of the House of
Representatives and the Committee on Foreign Relations
of the Senate that the People's Republic of China is in
substantial compliance with the rules and principles of
the Paris Club.
----------
173. An Amendment To Be Offered by Representative Horn of Oklahoma or
His Designee, Debatable for 10 Minutes
Page 1432, after line 15, insert the following:
(e) Authorization of Appropriations.--There are authorized to
be appropriated to the National Institute of Standards and
Technology to carry out this section $64,000,000 for fiscal
year 2021.
Page 1449, after line 4, insert the following:
(e) Authorization of Appropriations.--There are authorized to
be appropriated to the National Science Foundation to carry out
this section $868,000,000 for fiscal year 2021.
Page 1455, after line 25, insert the following:
(k) Authorization of Appropriations.--There are authorized to
be appropriated to the Department to carry out this section
$200,000,000 for fiscal year 2021.
----------
174. An Amendment To Be Offered by Representative Horn of Oklahoma or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title III, insert the following:
SEC. 3__. INCREASE IN FUNDING FOR AIR FORCE RESERVE CONTRACTOR SYSTEMS
SUPPORT.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated for operation and maintenance, Defense-wide
Operating Forces, as specified in the corresponding funding
table in section 4301, for Special Operations Command
maintenace, Line 70, is hereby increased by $22,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated for operation and maintenance, Defense-wide
Operating Forces, as specified in the corresponding funding
table in section 4301, Administration and Service-Wide
Activities, Line 400, is hereby reduced by $22,000,000.
----------
175. An Amendment To Be Offered by Representative Horsford of Nevada or
His Designee, Debatable for 10 Minutes
Strike section 2844 (page 1228, beginning line 4) and insert
the following new section:
SEC. 2844. ADDITIONAL REQUIREMENTS REGARDING NEVADA TEST AND TRAINING
RANGE.
(a) Definitions.--In this section:
(1) The term ``affected Indian tribe'' means an
Indian tribe that has historical connections to--
(A) the land withdrawn and reserved as the
Nevada Test and Training Range; or
(B) the land included as part of the Desert
National Wildlife Refuge.
(2) The term ``current memorandum of understanding''
means the memorandum of understanding referred to in
section 3011(b)(5)(E) of the Military Lands Withdrawal
Act of 1999 (title XXX of Public Law 106-65; 113 Stat.
888) as in effect on the date of the enactment of this
Act.
(3) The term ``heavy force'' means a military unit
with armored motorized equipment, such as tanks,
motorized artillery, and armored personnel carriers.
(4) The term ``large force'' means a military unit
designated as a battalion or larger organizational
unit.
(5) The term ``Nevada Test and Training Range'' means
the land known as the Nevada Test and Training Range
withdrawn and reserved by section 3011(b) of the
Military Lands Withdrawal Act of 1999 (title XXX of
Public Law 106-65; 113 Stat. 886).
(6) The term ``overlapping lands'' means land
withdrawn and reserved as the Nevada Test and Training
Range that also is included as part of the Desert
National Wildlife Refuge. This land is commonly
referred to as the Joint-Use Area.
(7) The term ``revised memorandum of understanding''
means the current memorandum of understanding revised
as required by subsection (c)(1) and other provisions
of this section.
(8) The term ``Secretaries'' means the Secretary of
the Air Force and the Secretary of the Interior acting
jointly.
(9) The term ``small force'' means a military force
of squad, platoon, or equivalent or smaller size.
(b) Improved Coordination and Management of Overlapping
Lands.--The Secretaries shall coordinate the management of the
overlapping lands for military use and wildlife refuge purposes
consistent with their respective jurisdictional authorities
described in paragraphs (3) and (5) of section 3011(b) of the
Military Lands Withdrawal Act of 1999 (title XXX of Public Law
106-65; 113 Stat. 887).
(c) Revision and Extension of Current Memorandum of
Understanding.--
(1) Revision required.--Not later than two years
after the date of the enactment of this Act, the
Secretaries shall revise the current memorandum of
understanding to facilitate the management of the
overlapping lands--
(A) for the purposes for which the Desert
National Wildlife Refuge was established; and
(B) to support military training needs
consistent with the uses described under
section 3011(b)(1) of the Military Lands
Withdrawal Act of 1999 (title XXX of Public Law
106-65; 113 Stat. 886), as modified by
subsection (f).
(2) Relation to current law.--Upon completion of the
revision process, the revised memorandum of
understanding shall supersede the current memorandum of
understanding. Subject to paragraph (1) and subsection
(d), clauses (i), (ii), (iii), and (iv) of section
3011(b)(5)(E) of the Military Lands Withdrawal Act of
1999 (title XXX of Public Law 106-65; 113 Stat. 888)
shall apply to the revised memorandum of understanding
in the same manner as such clauses applied to the
current memorandum of understanding.
(d) Elements of Revised Memorandum of Understanding.--
(1) In general.--The revised memorandum of
understanding shall include, at a minimum, provisions
to address the following:
(A) The proper management and protection of
the natural and cultural resources of the
overlapping lands.
(B) The sustainable use by the public of such
resources to the extent consistent with
existing laws and regulations, including
applicable environmental laws.
(C) The use of the overlapping lands for the
military training needs for which the lands are
withdrawn and reserved and for wildlife
conservation purposes for which the Desert
National Wildlife Refuge was established,
consistent with their respective jurisdictional
authorities.
(2) Consultation.--The Secretaries shall prepare the
revised memorandum of understanding in consultation
with the following:
(A) The resource consultative committee.
(B) Affected Indian tribes.
(3) Tribal issues.--The revised memorandum of
understanding shall include provisions to address the
manner in which the Secretary of the Air Force will
accomplish the following:
(A) Meet the United States trust
responsibilities with respect to affected
Indian tribes, tribal lands, and rights
reserved by treaty or Federal law affected by
the withdrawal and reservation of the
overlapping lands.
(B) Guarantee reasonable access to, and use
by members of affected Indian tribes of high
priority cultural sites throughout the Nevada
Test and Training Range, including the
overlapping lands, consistent with the
reservation of the lands for military use.
(C) Protect identified cultural and
archaeological sites throughout the Nevada Test
and Training Range, including the overlapping
lands, and, in the event of an inadvertent
ground disturbance of such a site, implement
appropriate response activities to once again
facilitate historic and subsistence use of the
site by members of affected Indian tribes.
(D) Provide for timely consultation with
affected Indian tribes as required by paragraph
(2).
(4) Guaranteeing department of the interior access.--
The revised memorandum of understanding shall guarantee
that the Secretary of the Interior, acting through the
United States Fish and Wildlife Service, has access to
the overlapping lands for not less than 54 days during
each calendar year to carry out the management
responsibilities of the United States Fish and Wildlife
Service regarding the Desert National Wildlife Refuge.
(5) Elements of usfws access.--The United States Fish
and Wildlife Service may carry out more than one
management responsibility on the overlapping lands on
an access day guaranteed by paragraph (4). Recognized
United States Fish and Wildlife Service management
responsibilities include the following:
(A) The installation or maintenance of
wildlife water development projects, for which
at least 15 access days guaranteed by paragraph
(4) shall be annually allotted during spring or
winter months.
(B) The conduct of annual desert bighorn
sheep surveys.
(C) The management of the annual desert
bighorn sheep hunt in accordance with the
National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd-668ee), for which
at least 16 access days guaranteed by paragraph
(4) shall be allotted.
(D) The conduct of annual biological surveys
for the Agassiz's desert tortoise and other
federally protected species, State-listed and
at-risk species, migratory birds, golden eagle
nests and rare plants, for which at least 30
access days guaranteed by paragraph (4) shall
be annually allotted during spring or summer
months.
(E) The conduct of annual invasive species
surveys and treatment, for which at least 15
access days guaranteed by paragraph (4) shall
be annually allotted during spring or summer
months.
(F) The conduct of annual contaminant surveys
of soil, springs, groundwater and vegetation,
for which at least 10 access days guaranteed by
paragraph (4) shall be annually allotted during
spring or summer months.
(G) The regular installation and maintenance
of climate monitoring systems.
(H) Such additional access opportunities, as
needed, for wildlife research, including Global
Positioning System collaring of desert bighorn
sheep, bighorn sheep disease monitoring,
investigation of wildlife mortalities, and
deploying, maintaining, and retrieving output
from wildlife camera traps.
(6) Hunting, fishing, and trapping.--The revised
memorandum of understanding shall continue to require
that any hunting, fishing, and trapping on the
overlapping lands is conducted in accordance with
section 3020 of the Military Lands Withdrawal Act of
1999 (title XXX of Public Law 106-65; 113 Stat. 896).
(7) Other required matters.--The revised memorandum
of understanding also shall include provisions
regarding the following:
(A) The identification of current test and
target impact areas and related buffer or
safety zones, to the extent consistent with
military purposes.
(B) The design and construction of all gates,
fences, and barriers in the overlapping lands,
to be constructed after the date of the
enactment of this Act, in a manner to allow
wildlife access, to the extent practicable and
consistent with military security, safety, and
sound wildlife management use.
(C) The incorporation of any existing
management plans pertaining to the overlapping
lands to the extent that the Secretaries, upon
review of such plans, determine that
incorporation into the revised memorandum of
understanding is appropriate.
(D) Procedures to ensure periodic reviews of
the revised memorandum of understanding are
conducted by the Secretaries, and that the
State of Nevada, affected Indian tribes, and
the public are provided a meaningful
opportunity to comment upon any proposed
substantial revisions.
(e) Resource Consultative Committee.--
(1) Establishment required.--Pursuant to the revised
memorandum of understanding, the Secretaries shall
establish a resource consultative committee comprised
of members, designated at the discretion of the
Secretaries, from the following:
(A) Interested Federal agencies.
(B) At least one elected official (or other
authorized representative) from the State of
Nevada generally and at least one
representative from the Nevada Department of
Wildlife.
(C) At least one elected official (or other
authorized representative) from each local and
tribal government impacted by the Nevada Test
and Training Range.
(D) At least one representative of an
interested conservation organization.
(E) At least one representative of a
sportsmen's organization.
(F) At least one member of the general public
familiar with the overlapping lands and
resources thereon.
(2) Purpose.--The resource consultative committee
shall be established solely for the purpose of
exchanging views, information, and advice relating to
the management of the natural and cultural resources of
the Nevada Test and Training Range.
(3) Operational basis.--The resource consultative
committee shall operate in accordance with the terms
set forth in the revised memorandum of understanding,
which shall specify the Federal agencies and elected
officers or representatives of State, local, and tribal
governments to be invited to participate. The
memorandum of understanding shall establish procedures
for creating a forum for exchanging views, information,
and advice relating to the management of natural and
cultural resources on the lands concerned, procedures
for rotating the chair of the committee, and procedures
for scheduling regular meetings.
(4) Coordinator.--The Secretaries shall appoint an
individual to serve as coordinator of the resource
consultative committee. The duties of the coordinator
shall be specified in the revised memorandum of
understanding. The coordinator shall not be a member of
the committee.
(f) Authorized and Prohibited Activities.--
(1) Additional authorized activities.--Additional
military activities on the overlapping lands are
authorized to be conducted, in a manner consistent with
the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq.), as follows:
(A) Emergency response.
(B) Establishment and use of existing or new
electronic tracking and communications sites.
(C) Continued use of roads in existence as of
the date of the enactment of this Act and
maintenance of such a road consistent with the
types of purposes for which the road has been
used as of that date.
(D) Small force readiness training by Air
Force, Joint, or Coalition forces.
(2) Prohibited activities.--Military activities on
the overlapping lands are prohibited for the following
purposes:
(A) Large force or heavy force activities.
(B) Designation of new weapon impact areas.
(C) Any ground disturbance activity not
authorized by paragraphs (1) and (2) of
subsection (c).
(3) Rules of construction.--Nothing in this
subsection shall be construed to preclude the following
regarding the overlapping lands:
(A) Low-level overflights of military
aircraft, except that low-level flights of
military aircraft over the United States Fish
and Wildlife Service Corn Creek field station
and visitor center are prohibited.
(B) The designation of new units of special
use airspace.
(C) The use or establishment of military
flight training routes.
(g) Tribal Liaison Positions.--
(1) Access coordinator.--The Secretary of the Air
Force shall create a tribal liaison position for the
Nevada Test and Training Range, to be held by a member
of an affected Indian tribe, who will help coordinate
access to cultural and archaeological sites throughout
the Nevada Test and Training Range and accompany
members of Indian tribes accessing such sites.
(2) Cultural resources liaison.--The Secretary of the
Air Force shall create a tribal liaison position for
the Nevada Test and Training Range, to be held by a
member of an affected Indian tribe, who will serve as a
tribal cultural resources liaison to ensure that--
(A) appropriate steps are being taken to
protect cultural and archaeological sites
throughout the Nevada Test and Training Range;
and
(B) the management plan for the Nevada Test
and Training Range is being followed.
(h) Fish and Wildlife Liaison.--The Secretaries shall create
a Fish and Wildlife Service liaison position for the Nevada
Test and Training Range, to be held by a Fish and Wildlife
Service official designated by the Director of the United
States Fish and Wildlife Service, who will serve as a liaison
to ensure that--
(1) appropriate steps are being taken to protect Fish
and Wildlife Service managed resources throughout the
Nevada Test and Training Range; and
(2) the management plan for the Nevada Test and
Training Range is being followed.
----------
176. An Amendment To Be Offered by Representative Houlahan of
Pennsylvania or Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, insert the following:
SEC. 3__. INCREASE IN FUNDING FOR CENTERS FOR DISEASE CONTROL STUDY ON
HEALTH IMPLICATIONS HEALTH IMPLICATIONS OF PER- AND
POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN
DRINKING WATER.
Section 316(a)(2)(B)(ii) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91) is
amended by striking ``$10,000,000'' and inserting
``$15,000,000''.
----------
177. An Amendment To Be Offered by Representative Houlahan of
Pennsylvania or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XVI the following:
SEC. 16__. DOD CYBER HYGIENE AND CYBERSECURITY MATURITY MODEL
CERTIFICATION FRAMEWORK.
(a) In General.--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 and the
Comptroller General of the United States a report on the cyber
hygiene practices of the Department of Defense and the extent
to which such practices are effective at protecting Department
missions, information, system and networks. The report shall
include the following:
(1) An assessment of each Department component's
compliance with the requirements and levels identified
in the Cyber Maturity Model Certification framework.
(2) For each Department component that does not
achieve the requirements for ``good cyber hygiene'' as
defined in CMMC Model Version 1.02, a plan for how that
component will implement security measures to bring it
into compliance with good cyber hygiene requirements
within one year, and a strategy for mitigating
potential vulnerabilities and consequences until such
requirements are implemented.
(b) Comptroller General Report Required.--Not later than 180
days after the submission of the report required under
subsection (a), the Comptroller General of the United States
shall conduct an independent review of the report and provide a
briefing to the congressional defense committees on the
findings of the review.
----------
178. An Amendment To Be Offered by Representative Hudson of North
Carolina or His Designee, Debatable for 10 Minutes
At the end of subtitle J of title V, insert the following:
SEC. 5__. REPORT ON PRESERVATION OF THE FORCE AND FAMILY PROGRAM OF
UNITED STATES SPECIAL OPERATIONS COMMAND.
(a) Report Required.--Not later than March 1, 2021, the
Commander of United States Special Operations Command shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the Preservation of the
Force and Family Program of United States Special Operations
Command (in this section referred to as the ``Program'').
(b) Elements.--The report under this section shall include
the following:
(1) The current structure of professional staff
employed by the Program.
(2) A comparison of the current mission requirements
and the capabilities of existing personnel of the
Program.
(3) An analysis of any emergent needs or skill sets
of the Program.
(4) A cost-benefit analysis of hiring, as
specialists--
(A) contractors;
(B) civilian personnel of the Department of
Defense; or
(C) members of the Armed Forces.
----------
179. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title XVII the following:
SEC. 17__. STRATEGY TO SECURE EMAIL.
(a) In General.--Not later than December 31, 2021, the
Secretary of Homeland Security shall develop and submit to
Congress a strategy, including recommendations, to implement
across all United States-based email providers Domain-based
Message Authentication, Reporting, and Conformance standard at
scale.
(b) Elements.--The strategy required under subsection (a)
shall include the following:
(1) A recommendation for the minimum size threshold
for United States-based email providers for
applicability of Domain-based Message Authentication,
Reporting, and Conformance.
(2) A description of the security and privacy
benefits of implementing the Domain-based Message
Authentication, Reporting, and Conformance standard at
scale, including recommendations for national security
exemptions, as appropriate, as well as the burdens of
such implementation and an identification of the
entities on which such burdens would most likely fall.
(3) An identification of key United States and
international stakeholders associated with such
implementation.
(4) An identification of any barriers to such
implementing, including a cost-benefit analysis where
feasible.
(5) An initial estimate of the total cost to the
Federal Government and implementing entities in the
private sector of such implementing, including
recommendations for defraying such costs, if
applicable.
(c) Consultation.--In developing the strategies and
recommendations under subsection (a), the Secretary of Homeland
Security may, as appropriate, consult with representatives from
the information technology sector.
(d) Definition.--In this section, the term ``Domain-based
Message Authentication, Reporting, and Conformance'' means an
email authentication, policy, and reporting protocol that
verifies the authenticity of the sender of an email and blocks
and reports to the sender fraudulent accounts.
----------
180. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, add the following new
section:
SEC. 17__. REPORT ON THREAT POSED BY DOMESTIC TERRORISTS.
(a) Report Required.--Not later than 180 days after the date
of the enactment of this Act, the Director of the Federal
Bureau of Investigation, the Under Secretary of Homeland
Security for Intelligence and Analysis, and the Director of
National Intelligence (acting through the National
Counterterrorism Center) shall jointly submit to the
appropriate congressional committees a report that includes an
evaluation of the nature and extent of the domestic terror
threat and domestic terrorist groups.
(b) Elements.--The report under subsection (a) shall--
(1) describe the manner in which domestic terror
activity is tracked and reported;
(2) identify all known domestic terror groups,
whether formal in nature or loosely affiliated
ideologies;
(3) include a breakdown of the ideology of each
group; and
(4) describe the efforts of such groups, if any, to
infiltrate or target domestic constitutionally
protected activity by citizens for cooption or to carry
out attacks, and the number of individuals associated
or affiliated with each group that engages in such
efforts.
----------
181. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII, add the following new
section:
SEC. 7__. FUNDING FOR POST-TRAUMATIC STRESS DISORDER.
(a) Funding.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated by section 1405 for the Defense Health Program, as
specified in the corresponding funding table in such division,
is hereby increased by $2,500,000 for post-traumatic stress
disorder.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated for operation and maintenance, Defense-wide, as
specified in the corresponding funding table in section 4301,
for Operation and Maintenance, Defense-wide is hereby reduced
by $2,500,000.
----------
182. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVII, add the following new
section:
SEC. 17__. REPORT ON RECOGNITION OF AFRICAN AMERICAN SERVICEMEMBERS IN
DEPARTMENT OF DEFENSE NAMING PRACTICES.
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 containing the
following information:
(1) A description of current Department of Defense
naming conventions for military installations,
infrastructure, vessels, and weapon systems.
(2) A list of all military installations (including
reserve component facilities), infrastructure
(including reserve component infrastructure), vessels,
and weapon systems that are currently named after
African Americans who served in the Armed Forces.
(3) An explanation of the steps being taken to
recognize the service of African Americans who have
served in the Armed Forces with honor, heroism, and
distinction by increasing the number of military
installations, infrastructure, vessels, and weapon
systems named after deserving African American members
of the Armed Forces.
----------
183. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII, add the following new
section:
SEC. 7__. INCREASED COLLABORATION WITH NIH TO COMBAT TRIPLE NEGATIVE
BREAST CANCER.
(a) In General.--The Office of Health of the Department of
Defense shall work in collaboration with the National
Institutes of Health to--
(1) identify specific genetic and molecular targets
and biomarkers for triple negative breast cancer; and
(2) provide information useful in biomarker
selection, drug discovery, and clinical trials design
that will enable both--
(A) triple negative breast cancer patients to
be identified earlier in the progression of
their disease; and
(B) the development of multiple targeted
therapies for the disease.
(b) Funding.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated by section 1405 for the Defense Health Program, as
specified in the corresponding funding tables in division D, is
hereby increased by $10,000,000 to carry out subsection (a).
(c) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated for operation and maintenance, Defense-wide, as
specified in the corresponding funding table in section 4301,
for Operation and Maintenance, Defense-wide is hereby reduced
by $10,000,000.
----------
184. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title VIII the following new
section:
SEC. 8__. PROHIBITION ON CONTRACTING WITH PERSONS WITH WILLFUL OR
REPEATED VIOLATIONS OF THE FAIR LABOR STANDARDS ACT
OF 1938.
The head of a Federal department or agency (as defined in
section 102 of title 40, United States Code) shall initiate a
debarment proceeding with respect to a person for whom
information regarding four or more willful or repeated
violation of the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.) as determined by a disposition described under
subsection (c)(1) of section 2313 of title 41, United States
Code, and issued in the last four years, is included in the
database established under subsection (a) of such section. The
head of the department or agency shall use discretion in
determining whether the debarment is temporary or permanent.
----------
185. An Amendment To Be Offered by Representative Jeffries of New York
or His Designee, Debatable for 10 Minutes
Page 60, line 21, strike ``and'' after the semicolon.
Page 60, line 24, strike the period and insert ``; and''.
Page 60, after line 24, add the following:
``(4) to build partnerships with minority and woman-
owned Department of Defense contractors to establish
work-based learning experiences such as internships and
apprenticeships.''.
----------
186. An Amendment To Be Offered by Representative Johnson of Georgia or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVII, insert the following:
SEC. 17__. REPORT ON GOVERNMENT POLICE TRAINING AND EQUIPPING PROGRAMS.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the President shall submit to Congress a
report on United States Government police training and
equipping programs outside the United States.
(b) Elements.--The report required under paragraph (1) shall
include the following:
(1) A list of all United States Government
departments and agencies involved in implementing
police training and equipping programs.
(2) A description of the scope, size, and components
of all police training and equipping programs for
fiscal years 2023, 2024, and 2025, including, for each
such program--
(A) the name of each country that received
assistance under the program;
(B) for each training activity, the number of
foreign personnel provided training, their
units of operation, location of the training,
cost of the activity, the United States unit
involved, and the nationality and unit of non-
United States training personnel, if any,
involved in each activity;
(C) the purpose and objectives of the
program;
(D) the funding and personnel levels for the
program in each such fiscal year;
(E) the authority under which the program is
conducted;
(F) the name of the United States Government
department or agency with lead responsibility
for the program and the mechanisms for
oversight of the program; and
(G) the metrics for measuring the results of
the program.
(3) An assessment of the requirements for police
training and equipping programs, and what changes, if
any, are required to improve the capacity of the United
States Government to meet such requirements.
(4) An evaluation of the appropriate role of United
States Government departments and agencies in
coordinating on and carrying out police training and
equipping programs.
(5) An evaluation of the appropriate role of
contractors in carrying out police training and
equipping programs, and what modifications, if any, are
needed to improve oversight of such contractors.
(6) Recommendations for legislative modifications, if
any, to existing authorities relating to police
training and equipping programs.
(c) Form of Report.--The report required under this section
shall be submitted in unclassified form, but may include a
classified annex.
(d) Public Availability Internet.--All unclassified portions
of the report required under this section shall be made
publicly available on an appropriate internet website.
(e) Definition.--In this section, the term ``police''
includes national police, gendarmerie, counter-narcotics
police, counterterrorism police, formed police units, border
security, and customs.
----------
187. An Amendment To Be Offered by Representative Johnson of Louisiana
or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title XII, add the following:
SEC. _. REPORT ON UNITED FRONT WORK DEPARTMENT.
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 following:
(1) The extent to which the United Front Work
Department of the People's Republic of China poses a
threat to the national defense and national security of
the United States.
(2) An evaluation of which actions, if any, the
United States should take in response to the threat and
activities of the United Front Work Department as
described in paragraph (1).
(3) Any other matters the Secretary of Defense
determines should be included.
----------
188. An Amendment To Be Offered by Representative Johnson of Louisiana
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title VIII, add the following new
section:
SEC. 8__. SENSE OF CONGRESS ON GAPS OR VULNERABILITIES IN THE NATIONAL
TECHNOLOGY AND INDUSTRIAL BASE.
It is the sense of Congress that in preparing the annual
report required by section 2504 of title 10, United States
Code, the Secretary of Defense shall include the following:
(1) An assessment of gaps or vulnerabilities in the
national technology and industrial base (as defined in
section 2500 of title 10, United States Code) with
respect to intellectual property theft as related to
the development and long-term sustainability of defense
technologies.
(2) The extent to which, if any, foreign adversaries
engage in operations to exploit such gaps or
vulnerabilities.
(3) Recommendations to mitigate or address any such
gaps or vulnerabilities identified by the Secretary.
(4) Any other matters the Secretary of Defense
determines should be included.
----------
189. An Amendment To Be Offered by Representative Johnson of Louisiana
or His Designee, Debatable for 10 Minutes
Page 813, line 25, strike ``and''.
Page 814, line 4, strike the period and insert ``; and''.
(7) the United States and NATO allies should
prioritize at each NATO Summit deterrence against
Russian aggression.
----------
190. An Amendment To Be Offered by Representative Johnson of Louisiana
or His Designee, Debatable for 10 Minutes
Page 891, after line 2, add the following:
(N) The extent to which the Government of
Afghanistan has prioritized the development of
relevant processes to combat gross human rights
violation and to promote religious freedom and
peace in Afghanistan.
(O) The extent to which the Afghan National
Defense and Security Forces have been able to
promote religious freedom by increasing
pressure on the Taliban, al-Qaeda, the Haqqani
network, the Islamic State of Iraq and Syria-
Khorasan, and other terrorist organizations by
connecting regional peace with the practice of
freedom of religion or belief.
----------
191. An Amendment To Be Offered by Representative Johnson of Louisiana
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title II, add the following new
section:
SEC. 2__. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2020 PROJECTS.
(a) Findings.--Congress finds the following:
(1) The Department of Defense is encouraging the
liberal use of fifth generation (commonly known as
``5G'' ) information and communications technology
testbeds to develop useful, mission-oriented
applications for 5G technology.
(2) Barksdale Air Force Base, Louisiana, has the
ability to serve as a large-scale test facility to
enable rapid experimentation and dual-use application
prototyping.
(3) Barksdale Air Force Base, Louisiana, has
streamlined access to spectrum bands, mature fiber and
wireless infrastructure, and prototyping and test area
range access, all of which are ideal characteristics
for use as a 5G test bed location.
(b) Consideration Required.--The Secretary of Defense shall
consider using Barksdale Air Force Base, Louisiana, as 5G test
bed installation for purposes of the activities carried out
under section 254(b)(2)(A) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 2223 note).
----------
192. An Amendment To Be Offered by Representative Joyce of Pennsylvania
or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VIII, add the following new
section:
SEC. 8__. CATEGORY MANAGEMENT TRAINING.
(a) In General.--Not later than 8 months after the date of
the enactment of this section, the Administrator of the Small
Business Administration, in coordination with the Administrator
of the Office of Federal Procurement Policy and any other head
of a Federal agency as determined by the Administrator, shall
develop a training curriculum on category management for staff
of Federal agencies with procurement or acquisition
responsibilities. Such training shall include--
(1) best practices for purchasing goods and services
from small business concerns (as defined under section
3 of the Small Business Act (15 U.S.C. 632)); and
(2) information on avoiding conflicts with the
requirements of the Small Business Act (15 U.S.C. 631
et seq.).
(b) Use of Curriculum.--The Administrator of the Small
Business Administration--
(1) shall ensure that staff for Federal agencies
described in subsection (a) receive the training
described in such subsection; and
(2) may request the assistance of the relevant
Director of Small and Disadvantaged Business
Utilization (as described in section 15(k) of the Small
Business Act (15 U.S.C. 644(k))) to carry out the
requirements of paragraph (1).
(c) Submission to Congress.--The Administrator of the Small
Business Administration shall provide a copy of the training
curriculum developed under subsection (a) to the Committee on
Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the Senate.
(d) Category Management Defined.--In this Act, the term
``category management'' has the meaning given by the Director
of the Office of Management and Budget.
----------
193. An Amendment To Be Offered by Representative Keating of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title XII, add the following:
SEC. 12__. COORDINATION OF STOCKPILES WITH THE NORTH ATLANTIC TREATY
ORGANIZATION AND OTHER ALLIES.
Title I of the Defense Production Act of 1950 (50 U.S.C. 5411
et seq.) is amended by adding at the end the following new
section:
``SEC. 109. COORDINATION WITH THE NORTH ATLANTIC TREATY ORGANIZATION
AND OTHER ALLIES.
``(a) Coordination Required.--If the President determines to
use or invoke an authority under this title in the context of
the outbreak of a pandemic that affects other North Atlantic
Treaty Organization (NATO) member countries or affects any
country with which the United States has entered into a mutual
defense treaty, the President, acting through the Secretary of
Defense with the concurrence of the Secretary of State, and in
consultation with the Secretary of Health and Human Services,
shall--
``(1) coordinate with appropriate counterparts of
NATO member countries or mutual defense treaty
countries to assess any logistical challenges relating
to demand or supply chain gaps with respect to the
United States and such countries;
``(2) work to fill such gaps in order to ensure a
necessary and appropriate level of scarce and critical
material essential to the national defense for the
United States and such countries; and
``(3) promote access to vaccines or other remedies
through Federally funded medical research to respond to
the declared pandemic.
``(b) Sense of Congress.--It is the sense of Congress that
the United States should work with its NATO and other allies
and partners to build permanent mechanisms to strengthen supply
chains, fill supply chain gaps, and maintain commitments made
at the June 2020 NATO Defense Ministerial.''.
----------
194. An Amendment To Be Offered by Representative Keating of
Massachusetts or His Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title XII the following:
SEC. 12__. STRATEGY FOR POST-CONFLICT ENGAGEMENT BY THE UNITED STATES
IN AFGHANISTAN.
(a) In General.--The Secretary of State, in consultation with
the Administrator of the United States Agency for International
Development and other relevant Federal departments and
agencies, shall submit to the Committee on Foreign Affairs of
the House of Representatives and the Committee on Foreign
Relations of the Senate not later than 120 days after a final
Afghan Reconciliation Agreement is reached, a strategy for
post-conflict engagement by the United States in Afghanistan to
support the implementation of commitments for women and girls'
inclusion and empowerment in the Agreement, as well as to
protect and promote basic human rights in Afghanistan,
especially the human rights of women and girls.
(b) Required Elements.--The Secretary of State shall seek to
ensure that activities carried out under the strategy--
(1) employ rigorous monitoring and evaluation
methodologies, including ex-post evaluation, and gender
analysis as defined by the Women's Entrepreneurship and
Economic Empowerment Act of 2018 (Public Law 115-428)
and required by the U.S. Strategy on Women, Peace, and
Security;
(2) disaggregate all data collected and reported by
age, gender, marital and motherhood status, disability,
and urbanity, to the extent practicable and
appropriate; and
(3) advance the principles and objectives specified
in the Policy Guidance on Promoting Gender Equality of
the Department of State and the Gender Equality and
Female Empowerment Policy of the United States Agency
for International Development.
----------
195. An Amendment To Be Offered by Representative Keating of
Massachusetts or His Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title XII the following;
SEC. 12__. COUNTERING RUSSIAN AND OTHER OVERSEAS KLEPTOCRACY.
(a) Definitions.--In this section
(1) Rule of law.--The term ``rule of law'' means the
principle of governance in which all persons,
institutions, and entities, whether public or private,
including the state itself, are accountable to laws
that are publicly promulgated, equally enforced, and
independently adjudicated, and which are consistent
with international human rights norms and standards.
(2) Foreign state.--The term ``foreign state'' has
the meaning given such term in section 1603 of title
28, United States Code.
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section
3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4)).
(4) Public corruption.--The term ``public
corruption'' means the unlawful exercise of entrusted
public power for private gain, including by bribery,
nepotism, fraud, or embezzlement.
(5) Foreign assistance.--The term ``foreign
assistance'' means foreign assistance authorized under
the Foreign Assistance Act of 1961.
(6) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban
Affairs, and the Committee on Finance of the
Senate; and
(B) the Committee on Foreign Affairs, the
Committee on Financial Services, and the
Committee on Ways and Means of the House of
Representatives.
(b) International Standards.--It is the sense of Congress
that the following international standards should be the
foundation for foreign states to combat corruption,
kleptocracy, and illicit finance:
(1) The United Nations Convention against Corruption.
(2) Recommendations of the Financial Action Task
Force (FATF) comprising the International Standards on
Combating Money Laundering and the Financing of
Terrorism & Proliferation.
(3) The Organisation for Economic Co-operation and
Development Convention on Combating Bribery of Foreign
Public Officials in International Business Transactions
(OECD Anti-Bribery Convention), the 2009 Recommendation
of the Council for Further Combating Bribery, the 2009
Recommendation on the Tax Deductibility of Bribes to
Foreign Public Officials; and other related
instruments.
(4) Legal instruments adopted by the Council of
Europe and monitored by the Group of States against
Corruption (GRECO), including the Criminal Law
Convention on Corruption, the Civil Law Convention on
Corruption, the Additional Protocol to the Criminal Law
Convention on Corruption, the Twenty Guiding Principles
against Corruption, the Recommendation on Codes of
Conduct for Public Officials, and the Recommendation on
Common Rules against Corruption in the Funding of
Political Parties and Electoral Campaigns.
(5) Organization for Security and Cooperation in
Europe (OSCE) ``Second Dimension'' commitments on good
governance, anti-corruption, anti-money laundering, and
related issues.
(6) The Inter-American Convention Against Corruption
under the Organization of American States.
(c) Statement of Policy.--It is the policy of the United
States to--
(1) leverage United States diplomatic engagement and
foreign assistance to promote the rule of law;
(2) promote the international standards identified in
section 4, as well as other relevant international
standards and best practices as such standards and
practices develop, and to seek the universal adoption
and implementation of such standards and practices by
foreign states;
(3) support foreign states in promoting good
governance and combating public corruption;
(4) encourage and assist foreign partner countries to
identify and close loopholes in their legal and
financial architecture, including the misuse of
anonymous shell companies, free trade zones, and other
legal structures, that are enabling illicit finance and
authoritarian capital to penetrate their financial
systems;
(5) help foreign partner countries to investigate and
combat the use of corruption by authoritarian
governments, particularly that of Vladimir Putin in
Russia, as a tool of malign influence worldwide;
(6) make use of sanctions authorities, such as the
Global Magnitsky Human Rights Accountability Act
(enacted as subtitle F of title XII of the National
Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 22 U.S.C. 2656 note)), to identify and
take action against corrupt foreign actors; and
(7) ensure coordination between the departments and
agencies of the United States Government with
jurisdiction over the advancement of good governance in
foreign states.
(d) Anti-corruption Action Fund.--
(1) In general.--The Secretary of State shall
establish in the Department of State a fund to be known
as the ``Anti-Corruption Action Fund'' to aid foreign
states to prevent and fight public corruption and
develop rule of law-based governance structures,
including accountable investigative, prosecutorial, and
judicial bodies, and supplement existing foreign
assistance and diplomacy with respect to such efforts.
(2) Funding.--There is authorized to be appropriated
to the Fund an amount equal to five percent of each
civil and criminal fine and penalty imposed pursuant to
actions brought under the Foreign Corrupt Practices Act
on or after the date of the enactment of this Act for
each fiscal year. Amounts appropriated pursuant to this
authorization shall be authorized to remain available
until expended.
(3) Support.--The Anti-Corruption Action Fund may
support governmental and nongovernmental parties in
advancing the goals specified in paragraph (1) and
shall be allocated in a manner complementary to
existing United States foreign assistance, diplomacy,
and the anti-corruption activities of other
international donors.
(4) Preference.--In programing foreign assistance
using the Anti-Corruption Action Fund, the Secretary of
State shall give preference to projects that--
(A) assist countries that are undergoing
historic opportunities for democratic
transition, combating corruption, and the
establishment of the rule of law;
(B) are important to United States national
interests; and
(C) where United States foreign assistance
could significantly increase the chance of a
successful transition described in subparagraph
(A).
(5) Public diplomacy.--The Secretary of State shall
publicize that funds provided to the Anti-Corruption
Action Fund originate from actions brought under the
Foreign Corrupt Practices Act so as to demonstrate that
monies obtained under such Act are contributing to
international anti-corruption work under this section,
including by reducing the pressure that United States
businesses face to pay bribes overseas, thereby
contributing to greater United States competitiveness.
(e) Interagency Task Force.--
(1) In general.--The Secretary of State shall have
primary responsibility for managing a whole-of-
government effort to improve coordination among United
States Government departments and agencies, as well as
with other donor organizations, that have a role in
promoting good governance in foreign states and
enhancing the ability of foreign states to combat
public corruption.
(2) Interagency task force.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary of State shall establish and convene an
Interagency Task Force composed of--
(A) representatives appointed by the
President from appropriate departments and
agencies, including the Department of State,
the United States Agency for International
Development (USAID), the Department of Justice,
the Department of the Treasury, the Department
of Homeland Security, the Department of
Defense, the Department of Commerce, the
Millennium Challenge Corporation, and the
intelligence community; and
(B) representatives from any other United
States Government departments or agencies, as
determined by the Secretary.
(3) Additional meetings.--The Interagency Task Force
established in paragraph (2) shall meet not less than
twice per year.
(4) Duties.--The Interagency Task Force established
in paragraph (2) shall--
(A) evaluate, on a general basis, the
effectiveness of existing foreign assistance
programs, including programs funded by the
Anti-Corruption Action Fund under section 6,
that have an impact on promoting good
governance in foreign states and enhancing the
ability of foreign states to combat public
corruption;
(B) assist the Secretary of State in managing
the whole-of-government effort described in
subsection (a);
(C) identify general areas in which such
whole-of-government effort could be enhanced;
and
(D) recommend specific programs for foreign
states that may be used to enhance such whole-
of-government effort.
(f) Designation of Embassy Anti-corruption Points of
Contact.--
(1) Embassy anti-corruption point of contact.--The
chief of mission of each United States embassy shall
designate an anti-corruption point of contact for each
such embassy.
(2) Duties.--The designated anti-corruption points of
contact under paragraph (1) shall--
(A) with guidance from the Interagency Task
Force established under subsection (e),
coordinate an interagency approach within
United States embassies to combat public
corruption in the foreign states in which such
embassies are located that is tailored to the
needs of such foreign states, including all
relevant United States Government departments
and agencies with a presence in such foreign
states, such as the Department of State, USAID,
the Department of Justice, the Department of
the Treasury, the Department of Homeland
Security, the Department of Defense, the
Millennium Challenge Corporation, and the
intelligence community;
(B) make recommendations regarding the use of
the Anti-Corruption Action Fund under section 6
and other foreign assistance related to anti-
corruption efforts in their respective foreign
states, aligning such assistance with United
States diplomatic engagement; and
(C) ensure that anti-corruption activities
carried out within their respective foreign
states are included in regular reporting to the
Secretary of State and the Interagency Task
Force under subsection (e), including United
States embassy strategic planning documents and
foreign assistance-related reporting, as
appropriate.
(3) Training.--The Secretary of State shall develop
and implement appropriate training for designated anti-
corruption points of contact under this subsection.
(g) Reporting Requirements.--
(1) Report on promoting international standards in
combating corruption, kleptocracy, and illicit
finance.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in
consultation with the Administrator of the USAID and
the Secretary of the Treasury, shall submit to the
appropriate congressional committees a report that--
(A) summarizes any progress made by foreign
states to adopt and implement each of the
international standards in combating
corruption, kleptocracy, and illicit finance
listed in subsection (b);
(B) details the efforts of the United States
Government to promote such international
standards;
(C) identifies priority countries for
outreach regarding such international
standards; and
(D) outlines a plan to encourage the adoption
and implementation of such international
standards, including specific steps to take
with the priority countries identified in
accordance with subparagraph (C).
(2) Report on progress toward implementation.--Not
later than one year after the date of the enactment of
this Act and annually thereafter for three years, the
Secretary of State, in consultation with the
Administrator of the USAID, shall submit to the
appropriate congressional committees a report
summarizing progress in implementing this Act,
including--
(A) a description of the bureaucratic
structure of the offices within the Department
and USAID that are engaged in activities to
combat corruption, kleptocracy, and illicit
finance, and how such offices coordinate with
one another;
(B) information relating to the amount of
funds deposited in the Anti-Corruption Action
Fund established under section 6 and the
obligation, expenditure, and impact of such
funds;
(C) the activities of the Interagency Task
Force established pursuant to subsection
(e)(2);
(D) the designation of anti-corruption points
of contact for foreign states pursuant to
subsection (f)(1) and any training provided to
such points of contact pursuant to subsection
(f)(3); and
(E) additional resources or personnel needs
to better achieve the goals of this Act to
combat corruption, kleptocracy, and illicit
finance overseas.
(3) Online platform.--The Secretary of State, in
conjunction with the Administrator of the USAID, shall
consolidate existing reports and briefings with anti-
corruption components into one online, public platform,
that includes the following:
(A) The Annual Country Reports on Human
Rights Practices.
(B) The Fiscal Transparency Report.
(C) The Investment Climate Statement reports.
(D) The International Narcotics Control
Strategy Report.
(E) Any other relevant public reports.
(F) Links to third-party indicators and
compliance mechanisms used by the United States
Government to inform policy and programming,
such as the following:
(i) The International Finance
Corporation's Doing Business surveys.
(ii) The International Budget
Partnership's Open Budget Index.
(iii) Multilateral peer review anti-
corruption compliance mechanisms, such
as the Organisation for Economic Co-
operation and Development's Working
Group on Bribery in International
Business Transactions, the Follow-Up
Mechanism for the Inter-American
Convention against Corruption
(MESICIC), and the United Nations
Convention against Corruption, done at
New York October 31, 2003, to further
highlight expert international views on
foreign state challenges and efforts.
----------
196. An Amendment To Be Offered by Representative Keating of
Massachusetts or His Designee, Debatable for 10 Minutes
Add at the end the following:
DIVISION F--COMBATING RUSSIAN MONEY LAUNDERING
SEC. 6001. SHORT TITLE.
This division may be cited as the ``Combating Russian Money
Laundering Act''.
SEC. 6002. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) protect the United States financial sector from
abuse by malign actors; and
(2) use all available financial tools to counter
adversaries.
SEC. 6003. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the efforts of the Government of the Russian
Federation, Russian state-owned enterprises, and
Russian oligarchs to move and disguise the source,
ownership, location, or control of illicit funds or
value constitute money laundering;
(2) money laundering assists in the Russian
Government's political and economic influence and
destabilization operations, which in turn affect the
United States and European democracy, national
security, and rule of law;
(3) the Secretary of the Treasury should determine
whether Russia and the financial institutions through
which the Russian Government, political leaders, state-
owned enterprises, and oligarchs launder money are of
primary money laundering concern; and
(4) the Secretary of the Treasury should consider the
need for financial institutions and other obligated
entities to apply enhanced due diligence measures to
transactions with the Russian Government, political
leaders, state-owned enterprises, and financial
institutions.
SEC. 6004. DETERMINATION WITH RESPECT TO PRIMARY MONEY LAUNDERING
CONCERN OF RUSSIAN ILLICIT FINANCE.
(a) Determination.--If the Secretary of the Treasury
determines that reasonable grounds exist for concluding that
one or more financial or non-financial institutions operating
outside of the United States, or 1 or more classes of
transactions within, or involving, a jurisdiction outside of
the United States, or 1 or more types of accounts is of primary
money laundering concern in connection with Russian illicit
finance, the Secretary of the Treasury may require domestic
financial institutions and domestic financial agencies to take
1 or more of the special measures described in section 5318A(b)
of title 31, United States Code by order, regulation, or
otherwise as permitted by law.
(b) Report Required.--
(1) In general.--Not later than 120 days after the
date of enactment of this Act, the Secretary of the
Treasury shall submit to the Committees on Financial
Services and Foreign Affairs of the House of
Representatives and the Committees on Banking, Housing,
and Urban Affairs and Foreign Relations of the Senate a
report on financial and non-financial institutions
operating outside of the United States, classes of
transactions, jurisdictions outside of the United
States, and accounts for which there are reasonable
grounds to conclude are of primary money laundering
concern in connection with Russian illicit finance.
(2) Contents.--The report required under paragraph
(1) shall also--
(A) identify any additional regulations,
statutory changes, enhanced due diligence, and
reporting requirements that are necessary to
better identify, prevent, and combat money
laundering linked to Russia, including related
to--
(i) identifying the beneficial
ownership of anonymous companies;
(ii) strengthening current, or
enacting new, reporting requirements
and customer due diligence requirements
for the real estate sector, law firms,
and other trust and corporate service
providers;
(iii) enhanced know-your-customer
procedures and screening for
transactions involving Russian
political leaders, Russian state-owned
enterprises, and known Russian
transnational organized crime figures;
and
(iv) establishing a permanent
solution to collecting information
nationwide to track ownership of real
estate; and
(B) include data and case studies on the use
of financial and non-financial institutions,
including limited liability companies, real
estate, law firms, and electronic currencies,
to move and disguise Russian funds.
(3) Format.--The report required under this
subsection shall be made available to the public,
including on the website of the Department of the
Treasury, but may contain a classified annex and be
accompanied by a classified briefing.
(c) Use of Report Information to Make Primary Money
Laundering Concern Determinations.--If applicable, the
Secretary of the Treasury shall use the information contained
in the report issued under subsection (b) to support findings
that reasonable grounds exist for concluding that a
jurisdiction outside of the United States, 1 or more financial
institutions operating outside of the United States, 1 or more
classes of transactions within, or involving, a jurisdiction
outside of the United States, or 1 or more types of accounts is
of primary money laundering concern, in accordance with section
5318A of title 31, United States Code.
(d) Sense of Congress on International Cooperation.--It is
the sense of the Congress that the Secretary of the Treasury
and other relevant cabinet members (such as the Secretary of
State, Secretary of Defense, Secretary of Homeland Security,
and Attorney General) should work jointly with European, E.U.,
and U.K. financial intelligence units, trade transparency
units, and appropriate law enforcement authorities to present,
both in the report required under subsection (b) and in future
analysis of suspicious transaction reports, cash transaction
reports, currency and monetary instrument reports, and other
relevant data to identify trends and assess risks in the
movement of illicit funds from Russia through the United
States, British, and European financial systems.
----------
197. An Amendment To Be Offered by Representative Keating of
Massachusetts or His Designee, Debatable for 10 Minutes
Add at the end of subtitle G of title XII the following:
SEC. 12__. UNITED STATES AGENCY FOR GLOBAL MEDIA.
(a) Short Title.--This section may be cited as the ``U.S.
Agency for Global Media Reform Act''.
(b) Sense of Congress.--It is the sense of Congress that the
Office of Cuba Broadcasting should--
(1) remain an independent entity of the United States
Agency for Global Media; and
(2) continue taking steps to ensure that the Office
is fulfilling its core mission of promoting freedom and
democracy by providing the people of Cuba with
objective news and information programming.
(c) Authorities of the Chief Executive Officer; Limitation on
Corporate Leadership of Grantees.--Section 305 of the United
States International Broadcasting Act of 1994 (22 U.S.C. 6204)
is amended--
(1) in subsection (a)--
(A) in paragraph (20), by inserting ``in
accordance with subsection (c)'' before the
period at the end;
(B) in paragraph (21)--
(i) by striking ``including with
Federal officials,''; and
(ii) by inserting ``in accordance
with subsection (c)'' before the period
at the end;
(C) by adding at the end the following new
paragraph:
``(23) To--
``(A) require semi-annual content reviews of
each language service of each surrogate
network, consisting of a review of at least 10
percent of available weekly content, by fluent
language speakers and experts without direct
affiliation to the language service being
reviewed, who are seeking any evidence of
inappropriate or unprofessional content, which
shall be submitted to the Office of Policy
Research, the head and Board of the respective
surrogate service, and the Chief Executive
Officer; and
``(B) submit to the appropriate congressional
committees a list of anomalous reports,
including status updates on anomalous services
during the three-year period commencing on the
date of receipt of the first report of biased,
unprofessional, or otherwise problematic
content.'';
(2) by adding at the end the following new
subsection:
``(c) Limitation on Corporate Leadership of Grantees.--
``(1) In general.--The Chief Executive Officer may
not award any grant under subsection (a) to RFE/RL,
Inc., Radio Free Asia, the Middle East Broadcasting
Networks, the Open Technology Fund, or any other
grantee authorized under this title (collectively
referred to as `Agency Grantee Networks') unless the
incorporation documents of any such grantee require
that the corporate leadership and Board of Directors of
such grantee be selected in accordance with this Act.
``(2) Conflicts of interest.--
``(A) Chief executive officer.--The Chief
Executive Officer may not serve on any of the
corporate boards of any grantee under
subsection (a).
``(B) Federal employees.--A full-time
employee of a Federal agency may not serve on a
corporate board of any grantee under subsection
(a).
``(3) Qualifications of grantee board members.--
Individuals appointed under subsection (a) to the Board
of Directors of any of the Agency Grantee Networks
shall have requisite expertise in journalism,
technology, broadcasting, or diplomacy, or appropriate
language or cultural understanding relevant to the
grantee's mission.''.
(d) International Broadcasting Advisory Board.--Section 306
of the United States International Broadcasting Act of 1994 (22
U.S.C. 6205) is amended--
(1) by striking subsections (a) through (c) and
inserting the following:
``(a) In General.--The International Broadcasting Advisory
Board (referred to in this section as the `Advisory Board')
shall advise the Chief Executive Officer of the United States
Agency for Global Media, as appropriate. The Advisory Board as
established shall exist within the executive branch as an
entity described in section 104 of title 5, United States Code.
``(b) Composition of the Advisory Board.--
``(1) In general.--The Advisory Board shall consist
of seven members, of whom--
``(A) six shall be appointed by the
President, by and with the advice and consent
of the Senate, in accordance with subsection
(c); and
``(B) one shall be the Secretary of State.
``(2) Chair.--The President shall designate, with the
advice and consent of the Senate, one of the members
appointed under paragraph (1)(A) as Chair of the
Advisory Board.
``(3) Party limitation.--Not more than three members
of the Advisory Board appointed under paragraph (1)(A)
may be affiliated with the same political party.
``(4) Terms of office.--
``(A) In general.--Except as provided in
subparagraph (B), members of the Advisory Board
shall serve for a single term of four years,
except that, of the first group of members
appointed under paragraph (1)(A)--
``(i) two members who are not
affiliated with the same political
party, shall be appointed for terms
ending on the date that is two years
after the date of the enactment of the
U.S. Agency for Global Media Reform
Act;
``(ii) two members who are not
affiliated with the same political
party, shall be appointed for terms
ending on the date that is four years
after the date of the enactment of the
U.S. Agency for Global Media Reform
Act; and
``(iii) two members who are not
affiliated with the same political
party, shall be appointed for terms
ending on the date that is six years
after the date of the enactment of the
U.S. Agency for Global Media Reform
Act.
``(B) Secretary of state.--The Secretary of
State shall serve as a member of the Advisory
Board for the duration of his or her tenure as
Secretary of State.
``(5) Vacancies.--
``(A) In general.--The President shall
appoint, with the advice and consent of the
Senate, additional members to fill vacancies on
the Advisory Board occurring before the
expiration of a term.
``(B) Term.--Any members appointed pursuant
to subparagraph (A) shall serve for the
remainder of such term.
``(C) Service beyond term.--Any member whose
term has expired shall continue to serve as a
member of the Advisory Board until a qualified
successor has been appointed and confirmed by
the Senate.
``(D) Secretary of state.--When there is a
vacancy in the office of Secretary of State,
the Acting Secretary of State shall serve as a
member of the Advisory Board until a new
Secretary of State is appointed.'';
(2) by redesignating subsection (d) as subsection
(c);
(3) by amending subsection (c), as redesignated--
(A) in the subsection heading, by inserting
``Advisory'' before ``Board''; and
(B) in paragraph (2), by inserting ``who
are'' before ``distinguished''; and
(4) by striking subsections (e) and (f) and inserting
the following new subsections:
``(d) Functions of the Advisory Board.--The members of the
Advisory Board shall--
``(1) provide the Chief Executive Officer of the
United States Agency for Global Media with advice and
recommendations for improving the effectiveness and
efficiency of the Agency and its programming;
``(2) meet with the Chief Executive Officer at least
four times annually, including twice in person as
practicable, and at additional meetings at the request
of the Chief Executive Officer or the Chair of the
Advisory Board;
``(3) report periodically, or upon request, to the
congressional committees specified in subsection (c)(2)
regarding its advice and recommendations for improving
the effectiveness and efficiency of the United States
Agency for Global Media and its programming;
``(4) obtain information from the Chief Executive
Officer, as needed, for the purposes of fulfilling the
functions described in this subsection;
``(5) consult with the Chief Executive Officer
regarding budget submissions and strategic plans before
they are submitted to the Office of Management and
Budget or to Congress;
``(6) advise the Chief Executive Officer to ensure
that--
``(A) the Chief Executive Officer fully
respects the professional integrity and
editorial independence of United States Agency
for Global Media broadcasters, networks, and
grantees; and
``(B) agency networks, broadcasters, and
grantees adhere to the highest professional
standards and ethics of journalism, including
taking necessary actions to uphold professional
standards to produce consistently reliable and
authoritative, accurate, objective, and
comprehensive news and information; and
``(7) provide other strategic input to the Chief
Executive Officer.
``(e) Appointment of Heads of Networks.--
``(1) In general.--The heads of Voice of America, the
Office of Cuba Broadcasting, RFE/RL, Inc., Radio Free
Asia, the Middle East Broadcasting Networks, the Open
Technology Fund, or of any other grantee authorized
under this title may only be appointed or removed if
such action has been approved by a majority vote of the
Advisory Board.
``(2) Removal.--After consulting with the Chief
Executive Officer, five or more members of the Advisory
Board may unilaterally remove any such head of network
or grantee network described in paragraph (1).
``(3) Quorum.--
``(A) In general.--A quorum shall consist of
four members of the Advisory Board (excluding
the Secretary of State).
``(B) Decisions.--Except as provided in
paragraph (2), decisions of the Advisory Board
shall be made by majority vote, a quorum being
present.
``(C) Closed sessions.--The Advisory Board
may meet in closed sessions in accordance with
section 552b of title 5, United States Code.
``(f) Compensation.--
``(1) In general.--Members of the Advisory Board,
while attending meetings of the Advisory Board or while
engaged in duties relating to such meetings or in other
activities of the Advisory Board under this section
(including travel time) shall be entitled to receive
compensation equal to the daily equivalent of the
compensation prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.
``(2) Travel expenses.--While away from their homes
or regular places of business, members of the Board may
be allowed travel expenses, including per diem in lieu
of subsistence, as authorized under section 5703 of
such title for persons in the Government service
employed intermittently.
``(3) Secretary of state.--The Secretary of State is
not entitled to any compensation under this title, but
may be allowed travel expenses in accordance with
paragraph (2).
``(g) Support Staff.--The Chief Executive Officer shall, from
within existing United States Agency for Global Media
personnel, provide the Advisory Board with an Executive
Secretary and such administrative staff and support as may be
necessary to enable the Advisory Board to carry out subsections
(d) and (e).''.
(e) Conforming Amendments.--The United States International
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended--
(1) in section 304--
(A) in the section heading, by striking
``broadcasting board of governors'' and
inserting ``united states agency for global
media'';
(B) in subsection (a), by striking
``Broadcasting Board of Governors'' and
inserting ``United States Agency for Global
Media'';
(C) in subsection (b)(1), by striking
``Broadcasting Board of Governors'' and
inserting ``United States Agency for Global
Media''; and
(D) in subsection (c), by striking ``Board''
each place such term appears and inserting
``Agency'';
(2) in section 305--
(A) in subsection (a)--
(i) in paragraph (6), by striking
``Board'' and inserting ``Agency'';
(ii) in paragraph (13), by striking
``Board'' and inserting ``Agency'';
(iii) in paragraph (20), by striking
``Board'' and inserting ``Agency''; and
(iv) in paragraph (22), by striking
``Board'' and inserting ``Agency'';
(B) in subsection (b), by striking ``Board''
each place such term appears and inserting
``Agency'';
(3) in section 308--
(A) in subsection (a), in the matter
preceding paragraph (1), by striking ``Board''
and inserting ``Agency'';
(B) in subsection (b), by striking ``Board''
each place such term appears and inserting
``Agency'';
(C) in subsection (d), by striking ``Board''
and inserting ``Agency'';
(D) in subsection (g), by striking ``Board''
each place such term appears and inserting
``Agency'';
(E) in subsection (h)(5), by striking
``Board'' and inserting ``Agency''; and
(F) in subsection (i), in the first sentence,
by striking ``Board'' and inserting ``Agency'';
(4) in section 309--
(A) in subsection (c)(1), by striking
``Board'' each place such term appears and
inserting ``Agency'';
(B) in subsection (e), in the matter
preceding paragraph (1), by striking ``Board''
and inserting ``Agency'';
(C) in subsection (f), by striking ``Board''
each place such term appears and inserting
``Agency''; and
(D) in subsection (g), by striking ``Board''
and inserting ``Agency'';
(5) in section 310(d), by striking ``Board'' and
inserting ``Agency'';
(6) in section 310A(a), by striking ``Broadcasting
Board of Governors'' and inserting ``United States
Agency for Global Media'';
(7) in section 310B, by striking ``Board'' and
inserting ``Agency'';
(8) by striking section 312;
(9) in section 313(a), in the matter preceding
paragraph (1), by striking ``Board'' and inserting
``Agency'';
(10) in section 314--
(A) by striking ``(4) the terms `Board and
Chief Executive Officer of the Board' means the
Broadcasting Board of Governors'' and inserting
the following:
``(2) the terms `Agency' and `Chief Executive Officer
of the Agency' mean the United States Agency for Global
Media and the Chief Executive Officer of the United
States Agency for Global Media, respectively,''; and
(B) in paragraph (3)--
(i) by striking ``includes--'' and
inserting ``means the corporation
having the corporate title described in
section 308''; and
(ii) by striking subparagraphs (A)
and (B); and
(11) in section 316--
(A) in subsection (a)(1), by striking
``Broadcasting Board of Governors'' and
inserting ``United States Agency for Global
Media''; and
(B) in subsection (c), by striking
``Broadcasting Board of Governors'' and
inserting ``United States Agency for Global
Media''.
(f) Rulemaking.--Notwithstanding any other provision of law,
the United States Agency for Global Media may not revise part
531 of title 22, Code of Federal Regulations, which took effect
on June 11, 2020, without explicit authorization by an Act of
Congress.
(g) Savings Provisions.--Section 310 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6209) is
amended by adding at the end the following new subsections:
``(f) Maintenance of Proprietary Information.--No
consolidation of grantees authorized under subsection (a)
involving any grantee shall result in any legal transfer of
ownership of any proprietary information or intellectual
property to the United State Agency for Global Media or any
other Federal entity.
``(g) Rule of Construction.--No consolidation of grantees
authorized under subsection (a) shall result in the
consolidation of the Open Technology Fund or any successor
entity with any other grantee.''.
(h) Rule of Construction.--Nothing in the United States
International Broadcasting Act of 1994 or any other provision
of law may be construed to make the Open Technology Fund an
entity authorized under such Act until the effective date of
legislation authorizing the establishment of the Open
Technology Fund.
----------
198. An Amendment To Be Offered by Representative Keller of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, add the following new
section:
SEC. 17__. DOMESTIC PROCUREMENT OF TUNGSTEN AND TUNGSTEN POWDER.
To the extent practicable, the Secretary of Defense shall
prioritize the procurement of tungsten and tungsten powder from
only domestic producers.
----------
199. An Amendment To Be Offered by Representative Khanna of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title II, add the following new
section:
SEC. 2__. SENSE OF CONGRESS ON THE ROLE OF THE NATIONAL SCIENCE
FOUNDATION.
It is the sense of Congress that the National Science
Foundation is critical to the expansion of the frontiers of
scientific knowledge and advancing American technological
leadership in key technologies, and that in order to continue
to achieve its mission in the face of rising challenges from
strategic competitors, the National Science Foundation should
receive a significant increase in funding, expand its use of
its existing authorities to carry out new and innovative types
of activities, consider new authorities that it may need, and
increase existing activities such as the convergence
accelerators aimed at accelerating the translation of
fundamental research for the economic and national security
benefit of the United States.
----------
200. An Amendment To Be Offered by Representative Kildee of Michigan or
His Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, add the following new
section:
SEC. 17__. DEPARTMENT OF DEFENSE MECHANISM FOR PROVISION OF DISSENTING
VIEWS.
(a) In General.--The Secretary of Defense shall establish a
mechanism through which members of the Armed Forces and
civilian employees of the Department of Defense may privately
provide dissenting views regarding the Department of Defense
and United States national security policy without fear of
retribution.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall provide to the
congressional defense committees a briefing on the status of
the mechanism required by subsection (a).
(c) Rule of Construction.--Nothing in this section shall be
construed to alleviate the duty of any individual to follow the
military chain of command or to follow the policies of the
Department of Defense and Federal Government.
----------
201. An Amendment To Be Offered by Representative Kildee of Michigan or
His Designee, Debatable for 10 Minutes
At the end of subtitle G of title V, add the following:
SEC. 5__. TRAINING PROGRAM REGARDING FOREIGN DISINFORMATION CAMPAIGNS.
(a) Establishment.--Not later than September 30, 2021, the
Secretary of Defense shall establish a program for training
members of the Armed Forces and employees of the Department of
Defense regarding the threat of foreign disinformation
campaigns specifically targeted at such individuals and the
families of such individuals.
(b) Report Required.--Not later than October 30, 2021, the
Secretary of Defense shall submit a report to the congressional
defense committees regarding the program under subsection (a).
----------
202. An Amendment To Be Offered by Representative Kilmer of Washington
or His Designee, Debatable for 10 Minutes
At the end of section 2861 (page 1252, after line 2),
relating to the Defense Community Infrastructure Program, add
the following new subsection:
(d) Clarification of Military Family Quality of Life
Criteria.--Section 2391(e)(4) of title 10, United States Code,
is amended by adding at the end the following new subparagraph:
``(C) For the purposes of determining whether
proposed community infrastructure will enhance quality
of life, the Secretary of Defense shall consider the
impact of the community infrastructure on alleviating
installation commuter workforce issues and the benefit
of schools or other local infrastructure located off of
a military installation that will support members of
the armed forces and their dependents residing in the
community.''.
----------
203. An Amendment To Be Offered by Representative Kilmer of Washington
or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XI, add the following (and
update the table of contents accordingly):
SEC. 1111. EXTENSION OF RATE OF OVERTIME PAY AUTHORITY FOR DEPARTMENT
OF THE NAVY EMPLOYEES PERFORMING WORK ABOARD OR
DOCKSIDE IN SUPPORT OF THE NUCLEAR-POWERED AIRCRAFT
CARRIER FORWARD DEPLOYED IN JAPAN.
Section 5542(a)(6)(B) of title 5, United States Code, is
amended by striking ``September 30, 2021'' and inserting
``September 30, 2026''.
----------
204. An Amendment To Be Offered by Representative Kilmer of Washington
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle A of title XVII the following:
SEC. 17__. DEEPFAKE REPORT.
(a) Definitions.--In this section:
(1) Digital content forgery.--The term ``digital
content forgery'' means the use of emerging
technologies, including artificial intelligence and
machine learning techniques, to fabricate or manipulate
audio, visual, or text content with the intent to
mislead.
(2) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
(b) Reports on Digital Content Forgery Technology.--
(1) In general.--Not later than one year after the
date of enactment of this Act and annually thereafter
for five years, the Secretary, acting through the Under
Secretary for Science and Technology of the Department
of Homeland Security, and with respect to subparagraphs
(F) through (H) of paragraph (2), in consultation with
the Director of National Intelligence, shall research
the state of digital content forgery technology and
produce a report on such technology.
(2) Contents.--Each report produced under paragraph
(1) shall include the following:
(A) An assessment of the underlying
technologies used to create or propagate
digital content forgeries, including the
evolution of such technologies.
(B) A description of the types of digital
content forgeries, including those used to
commit fraud, cause harm, or violate civil
rights recognized under Federal law.
(C) An assessment of how foreign governments,
and the proxies and networks thereof, use, or
could use, digital content forgeries to harm
national security.
(D) An assessment of how non-governmental
entities in the United States use, or could
use, digital content forgeries.
(E) An assessment of the uses, applications,
dangers, and benefits, including the impact on
individuals, of deep learning technologies used
to generate high fidelity artificial content of
events that did not occur.
(F) An analysis of the methods used to
determine whether content is genuinely created
by a human or through digital content forgery
technology, and an assessment of any effective
heuristics used to make such a determination,
as well as recommendations on how to identify
and address suspect content and elements to
provide warnings to users of such content.
(G) A description of the technological
countermeasures that are, or could be, used to
address concerns with digital content forgery
technology.
(H) Proposed research and development
activities for the Science and Technology
Directorate of the Department of Homeland
Security to undertake related to the
identification of forged digital content and
related countermeasures.
(I) Any additional information the Secretary
determines appropriate.
(3) Consultation and public hearings.--In producing
each report required under paragraph (1), the Secretary
may--
(A) consult with any other agency of the
Federal Government that the Secretary considers
necessary; and
(B) conduct public hearings to gather, or
otherwise allow interested parties an
opportunity to present, information and advice
relevant to the production of the report.
(4) Form of report.--Each report required under
paragraph (1) shall be produced in unclassified form,
but may contain a classified annex.
(5) Applicability of foia.--Nothing in this section,
or in a report produced under this section, may be
construed to allow the disclosure of information or a
record that is exempt from public disclosure under
section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'').
(6) Applicability of the paperwork reduction act.--
Subchapter I of chapter 35 of title 44, United States
Code (commonly known as the ``Paperwork Reduction
Act''), shall not apply to this section.
----------
205. An Amendment To Be Offered by Representative Kinzinger of Illinois
or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. _. DETERMINATION AND IMPOSITION OF SANCTIONS WITH RESPECT TO
TURKEY'S ACQUISITION OF THE S-400 AIR AND MISSILE
DEFENSE SYSTEM.
(a) Findings and Sense of Congress.--
(1) Findings.--Congress makes the following findings:
(A) The Government of Turkey acquired the S-
400 air and missile defense system from the
Russian Federation beginning on July 12, 2019.
(B) Such acquisition was facilitated by
Turkey's Presidency of Defense Industries
(SSB).
(2) Sense of congress.--It is the sense of Congress
that it is in the national security interest of the
United States--
(A) to deter aggression against North
Atlantic Treaty Organization (NATO) allies by
the Russian Federation or any other adversary;
(B) to continue to work with NATO allies to
ensure they meet their alliance defense
commitments, including through adequate and
efficient investments in national defense;
(C) to work to maintain and strengthen the
democratic institutions and practices of all
NATO allies, in accordance with the goals of
Article 2 of the North Atlantic Treaty;
(D) to ensure that Turkey remains a critical
NATO ally and important military partner for
the United States, contributing to key NATO and
United States missions and providing support
for United States military operations and
logistics needs;
(E) to assist NATO allies in acquiring and
deploying modern, NATO-interoperable military
equipment and reducing their dependence on
Russian or former Soviet-era defense articles;
(F) to promote opportunities to strengthen
the capacity of NATO member states to counter
Russian malign influence; and
(G) to enforce fully the Countering America's
Adversaries Through Sanctions Act (Public Law
115-44; 22 U.S.C. 9401 et seq.), including by
imposing sanctions with respect to any person
that the President determines knowingly engaged
in a significant transaction with a person that
is part of, or operates for or on behalf of,
the defense or intelligence sectors of the
Government of the Russian Federation, as
described in section 231 of that Act.
(b) Determination.--The acquisition by the Government of
Turkey of the S-400 air and missile defense system from the
Russian Federation beginning on July 12, 2019, shall constitute
a significant transaction as described in section 231 of the
Countering America's Adversaries Through Sanctions Act (22
U.S.C. 9525).
(c) Sanctions.--Not later than 30 days after the date of the
enactment of this Act, the President shall impose five or more
of the sanctions described in section 235 of the Countering
America's Adversaries Through Sanctions Act (22 U.S.C. 9529)
with respect to the Government of Turkey's acquisition of the
S-400 air and missile defense system from the Russian
Federation.
(d) Exception Relating to Importation of Goods.--
(1) In general.--Notwithstanding any other provision
of this section, the authorities and requirements to
impose sanctions under this section shall not include
the authority or a requirement to impose sanctions on
the importation of goods.
(2) Good defined.--In this subsection, the term
``good'' means any article, natural or man-made
substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.
(e) Termination.--The President may terminate the imposition
of sanctions required under this section with respect to a
person if the President submits to the appropriate
congressional committees a certification that--
(1) the Government of Turkey and any person acting on
its behalf no longer possesses the S-400 air and
missile defense system and no such system or successor
system is operated or maintained by Russian nationals,
or persons acting on behalf of the Government of the
Russian Federation, in Turkey; and
(2) the President has received reliable assurances
from the Government of Turkey that the Government of
Turkey will not knowingly engage, or allow any foreign
person to engage on its behalf, in any activity subject
to sanctions under section 231 of the Countering
America's Adversaries Through Sanctions Act in the
future.
----------
206. An Amendment To Be Offered by Representative Kinzinger of Illinois
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title I, insert the following:
SEC. 1_. PROVISIONS RELATING TO RC-26B MANNED INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT.
(a) Limitation.--Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2021 for the Air Force
may be obligated or expended to retire, divest, realign, or
placed in storage or on backup aircraft inventory status, or
prepare to retire, divest, realign, or place in storage or on
backup aircraft inventory status, any RC-26B aircraft.
(b) Exception.--The limitation in subsection (a) shall not
apply to individual RC-26B aircraft that the Secretary of the
Air Force determines, on a case-by-case basis, to be no longer
mission capable because of mishaps other damage.
(c) Funding for RC-26B Manned Intelligence, Surveillance, and
Reconnaissance Platform.--
(1) Of the amount authorized to be appropriated in
section 301 for operation and maintenance, as specified
in the corresponding funding table in 4301, for
operation and maintenance, Air National Guard, the
Secretary of the Air Force may transfer up to
$18,500,000 to be used in support of the RC-26B manned
intelligence, surveillance, and reconnaissance
platform.
(2) Of the amount authorized to be appropriated in
section 421 for military personnel, as specified in the
corresponding funding table in section 4401, the
Secretary of the Air Force may transfer up to
$13,000,000 from military personnel, Air National Guard
to be used in support of personnel who operate and
maintain the RC-26B manned intelligence, surveillance,
and reconnaissance platform.
(d) Memoranda of Agreement.--Notwithstanding any other
provision of law, the Secretary of Defense may enter into one
or more memoranda of agreement or cost sharing agreements with
other departments and agencies of the Federal Government under
which the RC-26B aircraft may be used to assist with the
missions and activities of such departments and agencies.
----------
207. An Amendment To Be Offered by Representative Kirkpatrick of
Arizona or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title III, insert the following:
SEC. 3__. FACILITATING AGREEMENTS WITH OTHER FEDERAL AGENCIES TO LIMIT
ENCROACHMENTS.
Section 2684a(d)(5) of title 10, United States Code, is
amended--
(1) in the second sentence of subparagraph (A), by
inserting ``or another Federal agency'' after ``to a
State'' both places it appears; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Notwithstanding subparagraph (A), if all or a portion
of the property or interest acquired under the agreement is
initially or subsequently transferred to a State or another
Federal agency, before that State or other Federal agency may
declare the property or interest in excess to its needs or
propose to exchange the property or interest, the State or
other Federal agency shall give the Secretary concerned
reasonable advance notice of its intent. If the Secretary
concerned determines it necessary to preserve the purposes of
this section, the Secretary concerned may request that
administrative jurisdiction over the property be transferred to
the Secretary concerned at no cost, and, upon such a request
being made, the administrative jurisdiction over the property
shall be transferred accordingly. If the Secretary concerned
does not make such a request within a reasonable time period,
all such rights of the Secretary concerned to request transfer
of the property or interest shall remain available to the
Secretary concerned with respect to future transfers or
exchanges of the property or interest and shall bind all
subsequent transferees.''.
----------
208. An Amendment To Be Offered by Representative Kirkpatrick of
Arizona or Her Designee, Debatable for 10 Minutes
Page 714, after line 10, insert the following:
(c) Implementation Report.--Not later than 120 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 progress made toward the A-10 re-wing contracts
and the progress made in re-winging some of the 283 A-10
aircraft that have not received new wings.
----------
209. An Amendment To Be Offered by Representative Krishnamoorthi of
Illinois or His Designee, Debatable for 10 Minutes
Page 529, after line 11, add the following:
SEC. 746. STUDY ON READINESS CONTRACTS AND THE PREVENTION OF DRUG
SHORTAGES.
(a) Study.--The Secretary of Defense shall conduct a study on
the effectiveness of readiness contracts managed by the
Customer Pharmacy Operations Center of the Defense Logistics
Agency in meeting the military's drug supply needs. The study
shall include an analysis of how the contractual approach to
manage drug shortages for military health care can be a model
for responding to drug shortages in the civilian health care
market in the United States.
(b) Consultation.--In conducting the study under subsection
(a), the Secretary of Defense shall consult with--
(1) the Secretary of Veterans Affairs;
(2) the Commissioner of Food and Drugs and the
Administrator of the Drug Enforcement Administration;
and
(3) physician organizations, drug manufacturers,
pharmacy benefit management organizations, and such
other entities as the Secretary determines appropriate.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the results of the study under subsection
(a) and any conclusions and recommendations of the Secretary
relating to such study.
----------
210. An Amendment To Be Offered by Representative Krishnamoorthi of
Illinois or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title XII, add the following:
SEC. _. SENSE OF CONGRESS ON CROSS-BORDER VIOLENCE BETWEEN THE PEOPLE'S
REPUBLIC OF CHINA AND INDIA AND THE GROWING
TERRITORIAL CLAIMS OF CHINA.
(a) Findings.--Congress makes the following findings:
(1) Since a truce in 1962 ended skirmishes between
the People's Republic of China and India, the countries
have been divided by a 2,100-mile-long Line of Actual
Control.
(2) In the decades since the truce, military
standoffs between the People's Republic of China and
India have flared; however, the standoffs have rarely
claimed the lives of soldiers.
(3) In the months leading up to June, 15, 2020, along
the Line of Actual Control, the People's Republic of
China's military--
(A) reportedly amassed 5,000 soldiers; and
(B) is trying to redraw long-standing settled
boundaries through the use of force and
aggression.
(4) On June 6, 2020, the People's Republic of China
and India reached an agreement of de-escalate and
disengage along the Line of Actual Control.
(5) On June 15, 2020, at least 20 Indian soldiers and
an unconfirmed number of Chinese soldiers were killed
in skirmishes following a weekslong standoff in Eastern
Ladakh, which is the de facto border between India and
the People's Republic of China.
(b) Sense of Congress.--It is the sense of Congress that--
(1) there is significant concern about the continued
military aggression by the Government of the People's
Republic of China along its border with India and in
other parts of the world, including with Bhutan, in the
South China Sea, and with the Senkaku Islands, as well
as the Government of the People's Republic of China's
aggressive posture toward Hong Kong and Taiwan; and
(2) the Government of the People's Republic of China
should work toward de-escalating the situation along
the Line of Actual Control with India through existing
diplomatic mechanisms and not through force.
----------
211. An Amendment To Be Offered by Representative Kuster of New
Hampshire or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title IX the following new
section:
SEC. 9_. COMPTROLLER GENERAL REPORT ON VULNERABILITIES OF THE
DEPARTMENT OF DEFENSE RESULTING FROM OFFSHORE
TECHNICAL SUPPORT CALL CENTERS.
(a) Report Required.--Not later than 180 days after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on
vulnerabilities in connection with the provision of services by
offshore technical support call centers to the Department of
Defense.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description and assessment of the location of
all offshore technical support call centers.
(2) A description and assessment of the types of
information shared by the Department with foreign
nationals at offshore technical support call centers.
(3) An assessment of the extent to which access to
such information by foreign nationals creates
vulnerabilities to the information technology network
of the Department.
(c) Offshore Technical Support Call Center Defined.--In this
section, the term ``offshore technical support call center''
means a call center that--
(1) is physically located outside the United States;
(2) employs individuals who are foreign nationals;
and
(3) may be contacted by personnel of the Department
to provide technical support relating to technology
used by the Department.
----------
212. An Amendment To Be Offered by Representative Kuster of New
Hampshire or Her Designee, Debatable for 10 Minutes
Page 1024, after line 6, insert the following new section:
SEC. 1706. STUDY ON UNEMPLOYMENT RATE OF WOMEN VETERANS WHO SERVED ON
ACTIVE DUTY IN THE ARMED FORCES AFTER SEPTEMBER 11,
2001.
(a) Study.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Veterans Affairs, in consultation with the Bureau of
Labor Statistics of the Department of Labor, shall
conduct a study on why Post-9/11 Veterans who are women
are at higher risk of unemployment than all other
groups of women veterans and their non- veteran
counterparts.
(2) Conduct of study.--
(A) In general.--The Secretary shall conduct
the study under paragraph (1) primarily through
the Center for Women Veterans under section 318
of title 38, United States Code.
(B) Consultation.---In carrying out the study
conducted under paragraph (1), the Secretary
may consult with--
(i) the Department of Labor;
(ii) other Federal agencies, such as
the Department of Defense, the Office
of Personnel Management, and the Small
Business Administration;
(iii) foundations; and
(iv) entities in the private sector.
(3) Elements of study.--The study conducted under
paragraph (1) shall include, with respect to Post-9/11
Veterans who are women, at a minimum, an analysis of
the following:
(A) Rank at time of separation from the Armed
Forces.
(B) Geographic location upon such separation.
(C) Educational level upon such separation.
(D) The percentage of such veterans who
enrolled in an education or employment training
program of the Department of Veterans Affairs
or the Department of Labor after such
separation.
(E) Industries that have employed such
veterans.
(F) Military occupational specialties
available to such veterans.
(G) Barriers to employment of such veterans.
(H) Causes to fluctuations in employment of
such veterans.
(I) Current employment training programs of
the Department of Veterans Affairs or the
Department of Labor that are available to such
veterans.
(J) Economic indicators that impact
unemployment of such veterans.
(K) Health conditions of such veterans that
could impact employment.
(L) Whether there are differences in the
analyses conducted under subparagraphs (A)
through (K) based on the race of such veteran.
(M) The difference between unemployment rates
of Post-9/11 Veterans who are women compared to
unemployment rates of Post-9/11 Veterans who
are men, including an analysis of potential
causes of such difference.
(b) Report.--
(1) In general.--Not later than 90 days after
completing the study under subsection (a), the
Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a report on
such study.
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) The analyses conducted under subsection
(a)(3).
(B) A description of the methods used to
conduct the study under subsection (a).
(C) Such other matters relating to the
unemployment rates of Post-9/11 Veterans who
are women as the Secretary considers
appropriate.
(c) Post-9/11 Veteran Defined.--In this section, the term
``Post-9/11 Veteran''' means a veteran who served on active
duty in the Armed Forces on or after September 11, 2001.
----------
213. An Amendment To Be Offered by Representative Kuster of New
Hampshire or Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title V, insert the following:
SEC. 5__. REOPENING OF CHILD CARE FACILITIES OF THE ENGINEER RESEARCH
AND DEVELOPMENT CENTER.
The Secretary of the Army shall reopen all child care
facilities of the Engineer Research and Development Center that
were closed during fiscal year 2020.
----------
214. An Amendment To Be Offered by Representative Kuster of New
Hampshire or Her Designee, Debatable for 10 Minutes
Page 490, line 10, strike the period and insert ``and
prescribing guidelines published by the Centers for Disease
Control and Prevention and the Food and Drug Administration.''.
Page 490, line 23, strike the period and insert ``and, as
appropriate, ensure overdose reversal drugs are co-
prescribed.''.
Page 491, line 6, strike the period and insert ``and document
if an overdose reversal drug was co-prescribed''.
Page 491, line 10, strike the period and insert ``and to
monitor the co-prescribing of overdose reversal drugs as
accessible interventions.''.
Page 491, line 12, strike the period and insert ``and
includes an identification of prevention best practices
established by the Department.''.
215. An Amendment To Be Offered by Representative Kustoff of Tennessee
or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title XXVIII, add the following
new section:
SEC. 28__. LAND CONVEYANCE, MILAN ARMY AMMUNITION PLANT, TENNESSEE.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to the City of Milan, Tennessee (in this section
referred to as the ``City''), all right, title, and interest of
the United States in and to parcels of real property, including
any improvements thereon, at Milan Army Ammunition Plant,
Tennessee, consisting of approximately 292 acres and commonly
referred to as Parcels A, B and C.
(b) Consideration.--
(1) Consideration required.--As consideration for the
conveyance under subsection (a), the City shall provide
consideration an amount equivalent to the fair market
value of the property conveyed under such subsection,
as determined by an appraisal approved by the Secretary
of the Army. The consideration may be in the form of
cash payment, in-kind consideration, or a combination
thereof, provided at such time as the Secretary may
require.
(2) In-kind consideration.--In-kind consideration
provided by the City under paragraph (1) may include
the acquisition, construction, provision, improvement,
maintenance, repair, or restoration (including
environmental restoration), or combination thereof, of
any facility, real property, or infrastructure under
the jurisdiction of the Secretary.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Army
shall require the City to pay costs to be incurred by
the Secretary, or to reimburse the Secretary for such
costs incurred by the Secretary, to carry out the
conveyance under subsection (a), including survey
costs, appraisal costs, costs for environmental
documentation related to the conveyance, and any other
administrative costs related to the conveyance.
(2) Treatment of amounts received.--Amounts received
as reimbursement under paragraph (1) shall be credited
to the fund or account that was used to pay the costs
incurred by the Secretary in carrying out the
conveyance under subsection (a) or, if the period of
availability of obligations for that appropriation has
expired, to the appropriations of fund that is
currently available to the Secretary for the same
purpose. Amounts so credited shall be merged with
amounts in such fund or account and shall be available
for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or
account.
(d) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary
of the Army.
(e) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of the
United States.
----------
216. An Amendment To Be Offered by Representative Lamb of Pennsylvania
or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, insert the following:
SEC. 5__. EXPANSION OF SKILLBRIDGE PROGRAM TO INCLUDE THE COAST GUARD.
Section 1143(e) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``of a military
department'' and inserting ``concerned'';
(2) in paragraph (3), by striking ``of the military
department''; and
(3) in paragraph (4), by striking ``of Defense'' and
inserting ``concerned''.
----------
217. An Amendment To Be Offered by Representative Lamb of Pennsylvania
or His Designee, Debatable for 10 Minutes
Page 1400, line 20, strike ``and'' at the end.
Page 1400, line 21, redesignate paragraph (19) as paragraph
(20).
Page 1400, after line 20, insert ``(19) The National Oceanic
and Atmospheric Administration; and''.
Page 1426, beginning line 13, strike ``NATIONAL INSTITUTE OF
STANDARDS AND TECHNOLOGY ARTIFICIAL INTELLIGENCE ACTIVITIES''
and insert ``DEPARTMENT OF COMMERCE''.
Page 1432, after line 15, insert the following new section:
SEC. 5302. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ARTIFICIAL
INTELLIGENCE CENTER.
(a) In General.--The Administrator of the National Oceanic
and Atmospheric Administration (hereafter referred to as ``the
Administrator'') shall establish, a Center for Artificial
Intelligence (hereafter referred to as ``the Center'').
(b) Center Goals.--The goals of the Center shall be to--
(1) coordinate and facilitate the scientific and
technological efforts across the National Oceanic and
Atmospheric Administration; and
(2) expand external partnerships, and build workforce
proficiency to effectively transition artificial
intelligence applications to operations.
(c) Center Priorities.--Through the Center, the Administrator
shall implement a comprehensive program to improve the use of
artificial intelligence systems across the agency in support of
the mission of the National Oceanic and Atmospheric
Administration. The priorities of the Center shall be to--
(1) coordinate and facilitate artificial intelligence
research and innovation, tools, systems, and
capabilities across the National Oceanic and
Atmospheric Administration;
(2) establish data standards and develop and maintain
a central repository for agency-wide artificial
intelligence applications;
(3) accelerate the transition of artificial
intelligence research to applications in support of the
mission of the National Oceanic and Atmospheric
Administration;
(4) develop and conduct training for the workforce of
the National Oceanic and Atmospheric Administration
related to artificial intelligence research and
application of artificial intelligence for such agency;
(5) facilitate partnerships between the National
Oceanic and Atmospheric Administration and other public
sector organizations, private sector organizations, and
institutions of higher education for research,
personnel exchange, and workforce development with
respect to artificial intelligence systems; and
(6) make data of the National Oceanic and Atmospheric
Administration accessible, available, and ready for
artificial intelligence applications.
(d) Stakeholder Engagement.--In carrying out the activities
authorized in this section, the Administrator shall--
(1) collaborate with a diverse set of stakeholders
including private sector entities and institutions of
higher education;
(2) leverage the collective body of research on
artificial intelligence and machine learning; and
(3) engage with relevant Federal agencies, research
communities, and potential users of information
produced under this section.
(e) Authorization of Appropriations.--There are authorized to
be appropriated to the Administrator to carry out this section
$10,000,000 for fiscal year 2021.
----------
218. An Amendment To Be Offered by Representative Lamborn of Colorado
or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVI, add the following:
SEC. 16__. SATELLITE GROUND NETWORK FREQUENCY LICENSING.
(a) Report on Department of Defense Satellite Antenna
Frequency Licensing Processes.--
(1) Reporting requirement.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary of Defense, in consultation with the
Secretary of the Air Force and the Chief of Space
Operations, shall submit to the Committees on Armed
Services of the House of Representatives and the
Senate, and to any other appropriate congressional
committee upon request, a report on the Department's
processes and procedures for identifying and securing
frequency licenses for national security space ground
assets.
(2) Matters included.--The report provided under
paragraph (1) shall address the following:
(A) An assessment of current processes,
procedures, requirements, timelines, and
entities necessary to coordinate and secure
frequency licensing for Department of Defense
space ground antenna and assets.
(B) A plan to address and streamline
procedures regarding the ingestion and
licensing of commercial industry antenna in
support of the augmentation of existing network
capacity.
(C) A review of FOUO classification
requirements for information and specifications
related to the items addressed within this
report.
(D) Such other matters as the Secretary
considers appropriate.
(b) Designation of Antenna Specifications.--Not later than 1
year after the date of enactment of this Act, the Secretary of
the Air Force, in coordination with the Chief of Space
Operations (CSO), shall identify and re-designate controlled
unclassified information regarding details and technical
antenna specifications, necessary to complete National
Telecommunications and Information Administration (NTIA),
Federal Communication Commission (FCC), and Friendly Nation
frequency licensing processes, so that such information may be
shared in regards to the guidelines of ``Distribution Statement
A'' as defined by DoDI 5230.24.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee
on Intelligence of the Senate.
----------
219. An Amendment To Be Offered by Representative Langevin of Rhode
Island or His Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XVI the following:
SEC. 16__. SUBPOENA AUTHORITY.
(a) In General.--Section 2209 of the Homeland Security Act of
2002 (6 U.S.C. 659) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through
(6) as paragraphs (2) through (7),
respectively;
(B) by inserting before paragraph (2), as so
redesignated, the following new paragraph:
``(1) the term `cybersecurity purpose' has the
meaning given that term in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501);'';
(C) in paragraph (6), as so redesignated, by
striking ``and'' at the end;
(D) by redesignating paragraph (7), as so
redesignated, as paragraph (8); and
(E) by inserting after paragraph (6), as so
redesignated, the following new paragraph:
``(7) the term `security vulnerability' has the
meaning given that term in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501); and'';
(2) in subsection (c)--
(A) in paragraph (10), by striking ``and'' at
the end;
(B) in paragraph (11), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(12) detecting, identifying, and receiving
information for a cybersecurity purpose about security
vulnerabilities relating to critical infrastructure in
information systems and devices.''; and
(3) by adding at the end the following new
subsection:
``(o) Subpoena Authority.--
``(1) Definition.--In this subsection, the term
`covered device or system'--
``(A) means a device or system commonly used
to perform industrial, commercial, scientific,
or governmental functions or processes that
relate to critical infrastructure, including
operational and industrial control systems,
distributed control systems, and programmable
logic controllers; and
``(B) does not include personal devices and
systems, such as consumer mobile devices, home
computers, residential wireless routers, or
residential internet enabled consumer devices.
``(2) Authority.--
``(A) In general.--If the Director identifies
a system connected to the internet with a
specific security vulnerability and has reason
to believe such security vulnerability relates
to critical infrastructure and affects a
covered device or system, and the Director is
unable to identify the entity at risk that owns
or operates such covered device or system, the
Director may issue a subpoena for the
production of information necessary to identify
and notify such entity at risk, in order to
carry out a function authorized under
subsection (c)(12).
``(B) Limit on information.--A subpoena
issued pursuant to subparagraph (A) may seek
information--
``(i) only in the categories set
forth in subparagraphs (A), (B), (D),
and (E) of section 2703(c)(2) of title
18, United States Code; and
``(ii) for not more than 20 covered
devices or systems.
``(C) Liability protections for disclosing
providers.--The provisions of section 2703(e)
of title 18, United States Code, shall apply to
any subpoena issued pursuant to subparagraph
(A).
``(3) Coordination.--
``(A) In general.--If the Director exercises
the subpoena authority under this subsection,
and in the interest of avoiding interference
with ongoing law enforcement investigations,
the Director shall coordinate the issuance of
any such subpoena with the Department of
Justice, including the Federal Bureau of
Investigation, pursuant to interagency
procedures which the Director, in coordination
with the Attorney General, shall develop not
later than 60 days after the date of the
enactment of this subsection.
``(B) Contents.--The inter-agency procedures
developed under this paragraph shall provide
that a subpoena issued by the Director under
this subsection shall be--
``(i) issued to carry out a function
described in subsection (c)(12); and
``(ii) subject to the limitations
specified in this subsection.
``(4) Noncompliance.--If any person, partnership,
corporation, association, or entity fails to comply
with any duly served subpoena issued pursuant to this
subsection, the Director may request that the Attorney
General seek enforcement of such subpoena in any
judicial district in which such person, partnership,
corporation, association, or entity resides, is found,
or transacts business.
``(5) Notice.--Not later than seven days after the
date on which the Director receives information
obtained through a subpoena issued pursuant to this
subsection, the Director shall notify any entity
identified by information obtained pursuant to such
subpoena regarding such subpoena and the identified
vulnerability.
``(6) Authentication.--
``(A) In general.--Any subpoena issued
pursuant to this subsection shall be
authenticated with a cryptographic digital
signature of an authorized representative of
the Agency, or other comparable successor
technology, that allows the Agency to
demonstrate that such subpoena was issued by
the Agency and has not been altered or modified
since such issuance.
``(B) Invalid if not authenticated.--Any
subpoena issued pursuant to this subsection
that is not authenticated in accordance with
subparagraph (A) shall not be considered to be
valid by the recipient of such subpoena.
``(7) Procedures.--Not later than 90 days after the
date of the enactment of this subsection, the Director
shall establish internal procedures and associated
training, applicable to employees and operations of the
Agency, regarding subpoenas issued pursuant to this
subsection, which shall address the following:
``(A) The protection of and restriction on
dissemination of nonpublic information obtained
through such a subpoena, including a
requirement that the Agency not disseminate
nonpublic information obtained through such a
subpoena that identifies the party that is
subject to such subpoena or the entity at risk
identified by information obtained, except that
the Agency may share the nonpublic information
with the Department of Justice for the purpose
of enforcing such subpoena in accordance with
paragraph (4), and may share with a Federal
agency the nonpublic information of the entity
at risk if--
``(i) the Agency identifies or is
notified of a cybersecurity incident
involving such entity, which relates to
the vulnerability which led to the
issuance of such subpoena;
``(ii) the Director determines that
sharing the nonpublic information with
another Federal department or agency is
necessary to allow such department or
agency to take a law enforcement or
national security action, consistent
with the interagency procedures under
paragraph (3)(A), or actions related to
mitigating or otherwise resolving such
incident;
``(iii) the entity to which the
information pertains is notified of the
Director's determination, to the extent
practicable consistent with national
security or law enforcement interests,
consistent with such interagency
procedures; and
``(iv) the entity consents, except
that the entity's consent shall not be
required if another Federal department
or agency identifies the entity to the
Agency in connection with a suspected
cybersecurity incident.
``(B) The restriction on the use of
information obtained through such a subpoena
for a cybersecurity purpose.
``(C) The retention and destruction of
nonpublic information obtained through such a
subpoena, including--
``(i) destruction of such information
that the Director determines is
unrelated to critical infrastructure
immediately upon providing notice to
the entity pursuant to paragraph (5);
and
``(ii) destruction of any personally
identifiable information not later than
six months after the date on which the
Director receives information obtained
through such a subpoena, unless
otherwise agreed to by the individual
identified by the subpoena respondent.
``(D) The processes for providing notice to
each party that is subject to such a subpoena
and each entity identified by information
obtained under such a subpoena.
``(E) The processes and criteria for
conducting critical infrastructure security
risk assessments to determine whether a
subpoena is necessary prior to being issued
pursuant to this subsection.
``(F) The information to be provided to an
entity at risk at the time of the notice of the
vulnerability, which shall include--
``(i) a discussion or statement that
responding to, or subsequent engagement
with, the Agency, is voluntary; and
``(ii) to the extent practicable,
information regarding the process
through which the Director identifies
security vulnerabilities.
``(8) Limitation on procedures.--The internal
procedures established pursuant to paragraph (7) may
not require an owner or operator of critical
infrastructure to take any action as a result of a
notice of vulnerability made pursuant to this Act.
``(9) Review of procedures.--Not later than one year
after the date of the enactment of this subsection, the
Privacy Officer of the Agency shall--
``(A) review the internal procedures
established pursuant to paragraph (7) to ensure
that--
``(i) such procedures are consistent
with fair information practices; and
``(ii) the operations of the Agency
comply with such procedures; and
``(B) notify the Committee on Homeland
Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the
House of Representatives of the results of the
review under subparagraph (A).
``(10) Publication of information.--Not later than
120 days after establishing the internal procedures
under paragraph (7), the Director shall publish
information on the website of the Agency regarding the
subpoena process under this subsection, including
information regarding the following:
``(A) Such internal procedures.
``(B) The purpose for subpoenas issued
pursuant to this subsection.
``(C) The subpoena process.
``(D) The criteria for the critical
infrastructure security risk assessment
conducted prior to issuing a subpoena.
``(E) Policies and procedures on retention
and sharing of data obtained by subpoenas.
``(F) Guidelines on how entities contacted by
the Director may respond to notice of a
subpoena.
``(11) Annual reports.--The Director shall annually
submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a
report (which may include a classified annex but with
the presumption of declassification) on the use of
subpoenas issued pursuant to this subsection, which
shall include the following:
``(A) A discussion of the following:
``(i) The effectiveness of the use of
such subpoenas to mitigate critical
infrastructure security
vulnerabilities.
``(ii) The critical infrastructure
security risk assessment process
conducted for subpoenas issued under
this subsection.
``(iii) The number of subpoenas so
issued during the preceding year.
``(iv) To the extent practicable, the
number of vulnerable covered devices or
systems mitigated under this subsection
by the Agency during the preceding
year.
``(v) The number of entities notified
by the Director under this subsection,
and their responses, during the
preceding year.
``(B) For each subpoena issued pursuant to
this subsection, the following:
``(i) Information relating to the
source of the security vulnerability
detected, identified, or received by
the Director.
``(ii) Information relating to the
steps taken to identify the entity at
risk prior to issuing the subpoena.
``(iii) A description of the outcome
of the subpoena, including discussion
on the resolution or mitigation of the
critical infrastructure security
vulnerability.
``(12) Publication of the annual reports.--The
Director shall publish a version of the annual report
required under paragraph (11) on the website of the
Agency, which shall, at a minimum, include the findings
described in clauses (iii), (iv), and (v) of
subparagraph (A) of such paragraph.
``(13) Prohibition on use of information for
unauthorized purposes.--Any information obtained
pursuant to a subpoena issued under this subsection may
not be provided to any other Federal department or
agency for any purpose other than a cybersecurity
purpose or for the purpose of enforcing a subpoena
issued pursuant to this subsection.''.
(b) Rules of Construction.--
(1) Prohibition on new regulatory authority.--Nothing
in this section or the amendments made by this section
may be construed to grant the Secretary of Homeland
Security, or the head of any another Federal agency or
department, any authority to promulgate regulations or
set standards relating to the cybersecurity of private
sector critical infrastructure that was not in effect
on the day before the date of the enactment of this
Act.
(2) Private entities.--Nothing in this section or the
amendments made by this section may be construed to
require any private entity to--
(A) to request assistance from the Director
of the Cybersecurity and Infrastructure
Security Agency of the Department of Homeland
Security; or
(B) implement any measure or recommendation
suggested by the Director.
----------
220. An Amendment To Be Offered by Representative Langevin of Rhode
Island or His Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title XVII the following:
SEC. 17__. SECTOR RISK MANAGEMENT AGENCIES.
(a) Definitions.--In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Homeland Security and the Committee on
Armed Services in the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
and Committee on Armed Services in the Senate.
(2) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in
section 2(4) of the Homeland Security Act of 2002.
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Director.--The term ``Director'' means the
Director of the Cybersecurity and Infrastructure
Security Agency of the Department.
(5) Information sharing and analysis organization.--
The term ``information sharing and analysis
organization'' has the meaning given that term in
section 2222(5) of the Homeland Security Act of 2002.
(6) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
(7) Sector risk management agency.--The term ``sector
risk management agency'' has the meaning given that
term in section 2201(5) of the Homeland Security Act of
2002.
(b) Critical Infrastructure Sector Designation.--
(1) Initial review.--Not later than 180 days after
the date of the enactment of this Act, the Secretary
shall review the current framework for securing
critical infrastructure, as described in section
2202(c)(4) of the Homeland Security Act and
Presidential Policy Directive 21, and submit a report
to the President containing recommendations for--
(A) any revisions to the current framework
for securing critical infrastructure;
(B) any revisions to the list of critical
infrastructure sectors set forth in
Presidential Policy Directive 21 or previously
designated subsectors; and
(C) any revisions to the list of designated
Federal departments or agencies that serve as
the Sector Risk Management Agency for a sector
or subsector, necessary to comply with
paragraph (3)(B).
(2) Periodic evaluation by the secretary.--At least
once every five years, the Secretary, in consultation
with the Director, shall--
(A) evaluate the current list of critical
infrastructure sectors and subsectors and the
appropriateness of Sector Risk Management
Agency designations, as set forth in
Presidential Policy Directive 21, or any
successor document or policy; and
(B) recommend to the President--
(i) any revisions to the list of
critical infrastructure sectors or
subsectors; and
(ii) any revisions to the designation
of any Federal department or agency
designated as the Sector Risk
Management Agency for a sector or
subsector.
(3) Review and revision by the president.--
(A) In general.--Not later than 180 days
after a recommendation by the Secretary
pursuant to paragraph (2), the President
shall--
(i) review the recommendation and
revise, as appropriate, the designation
of a critical infrastructure sector or
subsector or the designation of a
Sector Risk Management Agency; or
(ii) submit a report to appropriate
congressional committees, and the
Majority and Minority Leaders of the
Senate and the Speaker and Minority
Leader of the House of Representatives,
explaining the basis for rejecting the
recommendations of the Secretary.
(B) Limitation.--The President may only
designate an agency under this subsection if
the agency is referenced in section 205 of the
Chief Financial Officers Act of 1990 (42 U.S.C.
901).
(4) Publication.--Any designation of critical
infrastructure sectors shall be published in the
Federal Register.
(c) Sector Risk Management Agencies.--
(1) References.--Any reference to a sector-specific
agency in any law, regulation, map, document, record,
or other paper of the United States shall be deemed to
be a reference to the Sector Risk Management Agency of
the relevant critical infrastructure sector.
(2) Sector risk management agency.--Subtitle A of
title XXII of the Homeland Security Act of 2002 is
amended by adding at the end the following new section:
``SEC. 2215. SECTOR RISK MANAGEMENT AGENCIES.
``(a) In General.--Each Sector Risk Management Agency, as
designated by law or presidential directive, shall--
``(1) provide specialized sector-specific expertise
to critical infrastructure owners and operators within
the relevant sector; and
``(2) support programs and associated activities of
its designated critical infrastructure sector in
coordination with the Director.
``(b) Coordination.--In carrying out this section, Sector
Risk Management Agencies shall--
``(1) coordinate with the Department and other
relevant Federal departments and agencies, as
appropriate;
``(2) collaborate with critical infrastructure owners
and operators within the designated critical
infrastructure sector or subsector; and
``(3) coordinate with independent regulatory
agencies, and State, local, Tribal, and territorial
entities, as appropriate.
``(c) Responsibilities.--Each Sector Risk Management Agency
shall utilize its specialized expertise about its designated
critical infrastructure sector or subsector and authorities
under applicable law to--
``(1) support sector risk management, including--
``(A) establishing and carrying out programs,
in coordination with the Director, to assist
critical infrastructure owners and operators
within the designated sector in identifying,
understanding, and mitigating threats,
vulnerabilities, and risks to their systems or
assets, or within a region or sector; and
``(B) recommending security measures to
mitigate the consequences of destruction,
compromise, and disruption of systems and
assets;
``(2) assess sector risk, including--
``(A) identifying, assessing, and
prioritizing risks within the designated
sector, considering physical and cyber threats,
vulnerabilities, and consequences; and
``(B) supporting national risk assessment
efforts led by the Department, through the
Director;
``(3) sector coordination, including--
``(A) serving as a day-to-day Federal
interface for the prioritization and
coordination of sector-specific activities and
responsibilities under this section;
``(B) serving as the government coordinating
council chair for the designated sector or
subsector; and
``(C) participating in cross-sector
coordinating councils, as appropriate;
``(4) facilitating the sharing of information about
cyber and physical threats within the sector to the
Department, including--
``(A) facilitating, in coordination with the
Director, access to, and exchange of,
information and intelligence necessary to
strengthen the security of critical
infrastructure, including through information
sharing and analysis organizations and the
national cybersecurity and communications
integration center established in section 2209
of the Homeland Security Act of 2002;
``(B) facilitating the identification of
intelligence needs and priorities of critical
infrastructure owners and operators in the
sector, in coordination with the Director, the
Office of Director of National Intelligence,
and other Federal departments and agencies, as
appropriate;
``(C) providing the Director ongoing, and
where possible, real-time awareness of
identified threats, vulnerabilities,
mitigations, and other actions related to the
security of the sector; and
``(D) supporting the reporting requirements
of the Department of Homeland Security under
applicable law by providing, on an annual
basis, sector-specific critical infrastructure
information;
``(5) supporting incident management, including--
``(A) supporting, in coordination with the
Director, incident management and restoration
efforts during or following a security
incident; and
``(B) supporting the Director, upon request,
in conducting vulnerability assessments and
asset response activities for critical
infrastructure; and
``(6) contributing to emergency preparedness efforts,
including--
``(A) coordinating with critical
infrastructure owners and operators within the
designated sector, as well as the Director, in
the development of planning documents for
coordinated action in the event of a natural
disaster, act of terrorism, or other man-made
disaster or emergency;
``(B) conducting exercises and simulations of
potential natural disasters, acts of terrorism,
or other man-made disasters or emergencies
within the sector; and
``(C) supporting the Department and other
Federal departments or agencies in developing
planning documents or conducting exercises or
simulations relevant to their assigned
sector.''.
(3) Clerical amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 is
amended by inserting after the item relating to section
2214 the following new item:
``Sec. 2215. Sector risk management agencies.''.
(d) Reporting and Auditing.--Not later than two years after
the date of the enactment of this Act and every four years
thereafter, the Comptroller General of the United States shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the
effectiveness of Sector Risk Management Agencies in carrying
out their responsibilities under section 2215 of the Homeland
Security Act of 2002, as added by this section.
----------
221. An Amendment To Be Offered by Representative Latta of Ohio or His
Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, add the following:
SEC. 560. ESTABLISHMENT OF PERFORMANCE MEASURES FOR THE CREDENTIALING
OPPORTUNITIES ON-LINE PROGRAMS OF THE ARMED FORCES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish additional performance measures to evaluate the
effectiveness of the COOL programs of each Armed Force in
connecting members of the Armed Forces with professional
credential programs. Such measures shall include the following:
(1) The percentage of members of the Armed Force
concerned described in section 1142(a) of title 10,
United States Code, who participate in a professional
credential program through the COOL program of the
Armed Force concerned.
(2) The percentage of members of the Armed Force
concerned described in paragraph (1) who have completed
a professional credential program described in that
paragraph.
(3) The percentage of members of the Armed Force
concerned described in paragraphs (1) and (2) who are
employed not later than one year after separation or
release from the Armed Forces.
(b) Coordination.--To carry out this section, the Secretary
of Defense may coordinate with the Secretaries of Veterans
Affairs and Labor.
----------
222. An Amendment To Be Offered by Representative Lawrence of Michigan
or Her Designee, Debatable for 10 Minutes
[Discussion Draft]
Add at the end of subtitle E of title XVII the following new
section:
SEC. 17_. INTEGRATION OF MEMBERS OF THE ARMED FORCES WHO ARE
MINORITIES.
Each Secretary of a military department shall--
(1) share lessons learned and best practices on the
progress of plans to integrate members of the Armed
Forces who identify as belonging to a minority group
into the military department under the jurisdiction of
the Secretary;
(2) strategically communicate such progress with
other military departments and the public.
----------
223. An Amendment To Be Offered by Representative Lawrence of Michigan
or Her Designee, Debatable for 10 Minutes
[Discussion Draft]
Add at the end of subtitle E of title XVII the following new
section:
SEC. 17_. POLICY ON CONSCIOUS AND UNCONSCIOUS GENDER BIAS.
The Secretary of Defense shall develop a policy that defines
conscious and unconscious gender bias and provides guidance to
eliminate conscious and unconscious gender bias.
----------
224. An Amendment To Be Offered by Representative Lawrence of Michigan
or Her Designee, Debatable for 10 Minutes
[Discussion Draft]
Add at the end of subtitle E of title XVII the following new
section:
SEC. 17_. PROTECTIONS FOR PREGNANT MEMBERS OF THE ARMED FORCES.
Each Secretary of a military department shall develop and
implement policies to ensure that the career of a member of the
Armed Forces is not negatively affected as a result of such
member becoming pregnant.
----------
225. An Amendment To Be Offered by Representative Levin of Michigan or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title III:
SEC. 3__. MORATORIUM ON INCINERATION BY DEPARTMENT OF DEFENSE OF
PERFLUOROALKYL SUBSTANCES, POLYFLUOROALKYL
SUBSTANCES, AND AQUEOUS FILM FORMING FOAM.
(a) In General.--Beginning on the date of the enactment of
this Act, the Secretary of Defense shall prohibit the
incineration of materials containing per- and polyfluoroalkyl
substances or aqueous film forming foam until regulations have
been prescribed by the Secretary that--
(1) implement the requirements of section 330 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92); and
(2) take into consideration the interim guidance
published by the Administrator of the Environmental
Protection Agency under section 7361 of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92).
(b) Report.--Not later than one year after the publication of
the final regulations described in subsection (a), and annually
thereafter, the Secretary shall submit to the Administrator of
the Environmental Protection Agency a report on all
incineration by the Department of Defense of materials
containing perfluoroalkyl substances, polyfluoroalkyl
substances, or aqueous film forming foam during the year
covered by the report, including--
(1) the total amount of such materials incinerated;
(2) the temperature range at which such materials
were incinerated; and
(3) the locations and facilities where such materials
were incinerated.
----------
226. An Amendment To Be Offered by Representative Levin of Michigan or
His Designee, Debatable for 10 Minutes
Page 238, line 10, before the semicolon insert the following:
``by not later than seven days after such information,
datasets, and results become available''.
Page 238, line 12, before the semicolon insert the following:
``by not later than seven days after such information,
datasets, and results become available''.
Page 238, 13, before the period insert the following: ``by
not later than 30 days after such information, datasets, and
results become available''.
----------
227. An Amendment To Be Offered by Representative Levin of Michigan or
His Designee, Debatable for 10 Minutes
Page 480, line 7, strike ``evaluation'' and insert
``evaluation and at no additional cost to that member''.
----------
228. An Amendment To Be Offered by Representative Levin of California
or His Designee, Debatable for 10 Minutes
Page 313, after line 8, insert the following:
SEC. 5__. TERMINATION OF TELEPHONE, MULTICHANNEL VIDEO PROGRAMMING, AND
INTERNET ACCESS SERVICE CONTRACTS BY SERVICEMEMBERS
WHO ENTER INTO CONTRACTS AFTER RECEIVING MILITARY
ORDERS FOR PERMANENT CHANGE OF STATION BUT THEN
RECEIVE STOP MOVEMENT ORDERS DUE TO AN EMERGENCY
SITUATION.
(a) In General.--Section 305A(a)(1) of the Servicemembers
Civil Relief Act (50 U.S.C. 3956) is amended--
(1) by striking ``after the date the servicemember
receives military orders to relocate for a period of
not less than 90 days to a location that does not
support the contract.'' and inserting ``after--''; and
(2) by adding at the end the following new
subparagraphs:
``(A) the date the servicemember receives
military orders to relocate for a period of not
less than 90 days to a location that does not
support the contract; or
``(B) the date the servicemember, while in
military service, receives military orders for
a permanent change of station, thereafter
enters into the contract, and then after
entering into the contract receives a stop
movement order issued by the Secretary of
Defense in response to a local, national, or
global emergency, effective for an indefinite
period or for a period of not less than 30
days, which prevents the servicemember from
using the services provided under the
contract.''.
(b) Retroactive Application.--The amendments made by this
section shall apply to stop movement orders issued on or after
March 1, 2020.
----------
229. An Amendment To Be Offered by Representative Levin of California
or His Designee, Debatable for 10 Minutes
Page 376, after line 15, insert the following:
SEC. 5__. MEDICAL OR ADMINISTRATIVE DISCHARGE AS A PATHWAY FOR
COUNSELING IN THE TRANSITION ASSISTANCE PROGRAM.
Section 1142(c)(1) of title 10, United States Code, is
amended--
(1) in subparagraph (E), by striking ``Disability''
and inserting ``Potential or confirmed medical
discharge of the member''; and
(2) in subparagraph (F), by striking ``Character''
and all that follows and inserting ``Potential or
confirmed involuntary separation of the member.''
----------
230. An Amendment To Be Offered by Representative Levin of California
or His Designee, Debatable for 10 Minutes
Page 376, after line 15, insert the following:
SEC. 5__. FAMILY DYNAMICS AS PATHWAYS FOR COUNSELING IN THE TRANSITION
ASSISTANCE PROGRAM.
Section 1142(c)(1) of title 10, United States Code, as
amended by section (a), is further amended--
(1) by redesignating subparagraph (M) as subparagraph
(R); and
(2) by inserting after subparagraph (L) the
following:
``(M) Child care requirements of the member
(including whether a dependent of the member is
enrolled in the Exceptional Family Member Program).
``(N) The employment status of other adults in the
household of the member.
``(O) The location of the duty station of the member
(including whether the member was separated from family
while on duty).
``(P) The effects of operating tempo and personnel
tempo on the member and the household of the member.
``(Q) Whether the member is an Indian or urban
Indian, as those terms are defined in section 4 of the
Indian Health Care Improvement Act (Public Law 94-437;
25 U.S.C. 1603).''.
----------
231. An Amendment To Be Offered by Representative Levin of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title II, add the following new
section:
SEC. 2__. FUNDING FOR NAVY UNIVERSITY RESEARCH INITIATIVES.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding table
in section 4201, for research, development, test, and
evaluation, Navy, basic research, university research
initiatives (PE 0601103N), line 001 is hereby increased by
$5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for operation and maintenance, Army, admin & servicewide
activities, servicewide communications, line 440 is hereby
reduced by $5,000,000.
----------
232. An Amendment To Be Offered by Representative Lipinski of Illinois
or His Designee, Debatable for 10 Minutes
Page 101, line 10, after ``with'' insert ``the Under
Secretary of Defense for Policy,''.
Page 101, line 11, after ``departments'' insert a comma.
Page 103, line 17, strike ``and''.
Page 103, line 23, strike the period and insert ``; and''.
Page 103, after line 23, add the following:
``(C) ensuring transition of social science,
management science, and information science
research findings into Department strategic
documents.''.
----------
233. An Amendment To Be Offered by Representative Lucas of Oklahoma or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVII, insert the following:
SEC. 17__. REPORT ON THE OKLAHOMA CITY NATIONAL MEMORIAL.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Interior shall submit to Congress a
report containing the following information:
(1) A description of the current status of the
Oklahoma City National Memorial, an affiliated site of
the National Park System.
(2) A summary of non-Federal funding that has been
raised in accordance with section 7(2) of the Oklahoma
City National Memorial Act of 1997 (16 U.S.C. 450ss-
5(2)).
----------
234. An Amendment To Be Offered by Representative Luria of Virginia or
Her Designee, Debatable for 10 Minutes
At the end of subtitle F of title XII, add the following:
SEC. _. SENSE OF CONGRESS ON UNITED STATES COMMITMENTS TO PACIFIC
ALLIES.
It is the sense of Congress that--
(1) the United States affirms the strategic
importance of the United States commitments to allies
such as the Republic of Korea and Japan;
(2) the United States remains committed to the
mutually-beneficial relationships with the Republic of
Korea and Japan and welcomes the strong leadership of
those countries in the Indo-Pacific region; and
(3) as the United States seeks to strengthen
longstanding military relationships and encourage the
development of a strong defense network with allies and
partners, the United States reaffirms the United States
commitments to maintaining the presence of the United
States Armed Forces in the Republic of Korea and Japan.
----------
235. An Amendment To Be Offered by Representative Luria of Virginia or
Her Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII, add the following new
section:
SEC. 7__. FINDINGS AND SENSE OF CONGRESS ON MUSCULOSKELETAL INJURIES.
(a) Findings.--Congress finds the following:
(1) Musculoskeletal injuries among members of the
Armed Forces serving on active duty result in more than
10,000,000 limited-duty days each year and account for
more than 70 percent of the medically non-deployable
population.
(2) Extremity injury accounts for 79 percent of
reported trauma cases in theater and members of the
Armed Forces experience anterior cruciate ligament
(ACL) injuries at 10 times the rate of the general
population.
(b) Sense of Congress.--It is the sense of Congress that
Congress--
(1) recognizes the important work of the Naval
Advanced Medical Research Unit in Wound Care Research;
and
(2) encourages continued development of innovations
for the warfighter, especially regarding tendon and
ligament injuries that prevent return to duty for
extended periods of time.
----------
236. An Amendment To Be Offered by Representative Luria of Virginia or
Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title X, insert the following:
SEC. 10__. LIMITATION ON DEACTIVATION, UNMANNING, OR SELLING OF ARMY
WATERCRAFT ASSETS PENDING COMPREHENSIVE ANALYSIS OF
MOBILITY REQUIREMENTS AND CAPABILITIES.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2021 for the
Department of Defense maybe obligated or expended for the
deactivation, unmanning,or selling of any Army watercraft
assets, until the Secretary of Defense submits to Congress
certification that--
(1) the Secretary has received and accepted the
federally funded research and development center Army
watercraft study as directed by section 1058 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92);
(2) the review, analysis, and recommendations of such
study are included in the mobility, capabilities,
requirements study; and
(3) the Secretary will include in such study a review
and analysis of--
(A) doctrine-based roles and missions of the
military services;
(B) current and future investments;
(C) the effects of emerging operational
concepts;
(D) demand signals of Department of Defense
small vessels relative to Army watercraft, Navy
small ships, and amphibious connectors; and
(E) readiness risk being assumed across each
of the geographic combatant commands.
----------
237. An Amendment To Be Offered by Representative Lynch of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, add the following new
section:
SEC. 8__. REESTABLISHMENT OF COMMISSION ON WARTIME CONTRACTING.
(a) In General.--There is hereby reestablished in the
legislative branch under section 841 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 230) the Commission on Wartime Contracting.
(b) Amendment to Duties.--Section 841(c)(1) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 231) is amended to read as follows:
``(1) General duties.--The Commission shall study the
following matters:
``(A) Federal agency contracting funded by
overseas contingency operations funds.
``(B) Federal agency contracting for the
logistical support of coalition forces
operating under the authority of the 2001 or
2002 Authorization for the Use of Military
Force.
``(C) Federal agency contracting for the
performance of security functions in countries
where coalition forces operate under the
authority of the 2001 or 2002 Authorization for
the Use of Military Force''.
(c) Conforming Amendments.--Section 841 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 230) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``the
Committee on Oversight and Government Reform''
each place it appears and inserting ``the
Committee on Oversight and Reform'';
(B) in paragraph (2), by striking ``of this
Act'' and inserting ``of the Wartime
Contracting Commission Reauthorization Act of
2019''; and
(C) in paragraph (4), by striking ``was first
established'' each place it appears and
inserting ``was reestablished by the Wartime
Contracting Commission Reauthorization Act of
2019''; and
(2) in subsection (d)(1), by striking ``On March 1,
2009'' and inserting ``Not later than one year after
the date of enactment of the Wartime Contracting
Commission Reauthorization Act of 2019''.
----------
238. An Amendment To Be Offered by Representative Lynch of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of title XII, add the following:
Subtitle H--Afghanistan Security and Reconstruction Transparency Act
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the ``Afghanistan Security and
Reconstruction Transparency Act''.
SEC. 1282. PUBLIC AVAILABILITY OF DATA PERTAINING TO MEASURES OF
PERFORMANCE OF THE AFGHAN NATIONAL DEFENSE AND
SECURITY FORCES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall make
publicly available all data pertaining to measures of
performance of the Afghan National Defense and Security Forces
(hereafter in this section referred to as ``ANDSF'').
(b) Data To Be Included.--The data required to be made
publicly available by subsection (a) shall include the
following:
(1) The total quarterly ANDSF attrition rate and
quarterly attrition rates for ANDSF components,
including the Afghan National Army, the Afghan National
Police, the Afghan Air Force, and the Afghan Local
Police.
(2) The total number of ANDSF personnel dropped from
the rolls for the quarter and the number of personnel
dropped from the rolls by ANDSF component for the
quarter.
(3) The total number of ANDSF personnel trained to
date, the number of new ANDSF personnel that entered
training for the quarter, the number of new ANDSF
personnel that completed training for the quarter, the
total number of personnel trained by ANDSF component to
date, the number of new personnel by ANDSF component
that entered training for the quarter, and the number
of new personnel by ANDSF component that completed
training for the quarter.
(4) The total number and percentage of unfilled ANDSF
positions and the number and percentage of unfilled
positions by ANDSF component.
(5) The percentage of ANDSF components assessed at
full authorized and assigned strength.
(6) Detailed Afghan Ministry of Defense, Ministry of
Interior, and ANDSF performance assessments.
(7) Information about the operational readiness of
Afghan National Army and Afghan National Police
equipment.
(8) Afghanistan Special Mission Wing information,
including the number and type of airframes, the number
of pilots and aircrew, and the operational readiness
(and associated benchmarks) of airframes.
(9) Enemy-initiated attacks and effective enemy-
initiated attacks on the ANDSF.
SEC. 1283. DISTRICT-LEVEL STABILITY ASSESSMENTS OF AFGHAN GOVERNMENT
AND INSURGENT CONTROL AND INFLUENCE.
(a) In General.--The Secretary of Defense shall resume the
production of district-level stability assessments of Afghan
government and insurgent control and influence that were
discontinued in 2018, to include district, population, and
territorial control data.
(b) Public Availability.--The Secretary of Defense shall make
publicly available the assessments and all data pertaining to
the assessments produced under subsection (a).
----------
239. An Amendment To Be Offered by Representative Lynch of
Massachusetts or His Designee, Debatable for 10 Minutes
Add at the end the following:
DIVISION F--KLEPTOCRACY ASSET RECOVERY REWARDS ACT
SEC. 6001. SHORT TITLE.
The division may be cited as the ``Kleptocracy Asset Recovery
Rewards Act''.
SEC. 6002. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The Stolen Asset Recovery Initiative (StAR), a
World Bank and United Nations anti-money-laundering
effort, estimates that between $20 billion to $40
billion has been lost to developing countries annually
through corruption.
(2) In 2014, more than $480 million in corruption
proceeds hidden in bank accounts around the world by
former Nigerian dictator Sani Abacha and his co-
conspirators was forfeited through efforts by the
Department of Justice.
(3) In 2010, the Department of Justice established
the Kleptocracy Asset Recovery Initiative, to work in
partnership with Federal law enforcement agencies to
forfeit the proceeds of foreign official corruption
and, where appropriate, return those proceeds to
benefit the people harmed by these acts of corruption
and abuse of office.
(4) Of the $20 billion to $40 billion lost by
developing countries annually through corruption, only
about $5 billion has been repatriated in the last 15
years.
(5) Governments weakened by corruption and loss of
assets due to corruption have fewer resources to devote
to the fight against terrorism and fewer resources to
devote to building strong financial, law enforcement,
and judicial institutions to aid in the fight against
the financing of terrorism.
(6) The United States has a number of effective
programs to reward individuals who provide valuable
information that assist in the identification, arrest,
and conviction of criminal actors and their associates,
as well as seizure and forfeiture of illicitly derived
assets and the proceeds of criminal activity.
(7) The Internal Revenue Service has the
Whistleblower Program, which pays awards to individuals
who provide specific and credible information to the
IRS if the information results in the collection of
taxes, penalties, interest or other amounts from
noncompliant taxpayers.
(8) The Department of State administers rewards
programs on international terrorism, illegal narcotics,
and transnational organized crime with the goal of
bringing perpetrators to justice.
(9) None of these existing rewards programs
specifically provide monetary incentives for
identifying and recovering stolen assets linked solely
to foreign government corruption, as opposed to
criminal prosecutions or civil or criminal forfeitures.
(10) The recovery of stolen assets linked to foreign
government corruption and the proceeds of such
corruption may not always involve a BSA violation or
lead to a forfeiture action. In such cases there would
be no ability to pay rewards under existing Treasury
Department authorities.
(11) Foreign government corruption can take many
forms but typically entails government officials
stealing, misappropriating, or illegally diverting
assets and funds from their own government treasuries
to enrich their personal wealth directly through
embezzlement or bribes to allow government resources to
be expended in ways that are not transparent and may
not either be necessary or be the result of open
competition. Corruption also includes situations where
public officials take bribes to allow government
resources to be expended in ways which are not
transparent and may not be necessary or the result of
open competition. These corrupt officials often use the
United States and international financial system to
hide their stolen assets and the proceeds of
corruption.
(12) The individuals who come forward to expose
foreign governmental corruption and kleptocracy often
do so at great risk to their own safety and that of
their immediate family members and face retaliation
from persons who exercise foreign political or
governmental power. Monetary rewards can provide a
necessary incentive to expose such corruption and
provide a financial means to provide for their well-
being and avoid retribution.
(b) Sense of Congress.--It is the sense of Congress that a
Department of the Treasury stolen asset recovery rewards
program to help identify and recover stolen assets linked to
foreign government corruption and the proceeds of such
corruption hidden behind complex financial structures is needed
in order to--
(1) intensify the global fight against corruption;
and
(2) serve United States efforts to identify and
recover such stolen assets, forfeit proceeds of such
corruption, and, where appropriate and feasible, return
the stolen assets or proceeds thereof to the country
harmed by the acts of corruption.
SEC. 6003. IN GENERAL.
(a) Department of the Treasury Kleptocracy Asset Recovery
Rewards Program.--Chapter 97 of title 31, United States Code,
is amended by adding at the end the following:
``Sec. 9706. Department of the Treasury Kleptocracy Asset Recovery
Rewards Program
``(a) Establishment.--
``(1) In general.--There is established in the
Department of the Treasury a program to be known as the
`Kleptocracy Asset Recovery Rewards Program' for the
payment of rewards to carry out the purposes of this
section.
``(2) Purpose.--The rewards program shall be designed
to support U.S. Government programs and investigations
aimed at restraining, seizing, forfeiting, or
repatriating stolen assets linked to foreign government
corruption and the proceeds of such corruption.
``(3) Implementation.--The rewards program shall be
administered by, and at the sole discretion of, the
Secretary of the Treasury, in consultation, as
appropriate, with the Secretary of State, the Attorney
General, and the heads of such other departments and
agencies as the Secretary may find appropriate.
``(b) Rewards Authorized.--In the sole discretion of the
Secretary and in consultation, as appropriate, with the heads
of other relevant Federal departments or agencies, the
Secretary may pay a reward to any individual, or to any
nonprofit humanitarian organization designated by such
individual, if that individual furnishes information leading
to--
``(1) the restraining or seizure of stolen assets in
an account at a U.S. financial institution (including a
U.S. branch of a foreign financial institution), that
come within the United States, or that come within the
possession or control of any United States person;
``(2) the forfeiture of stolen assets in an account
at a U.S. financial institution (including a U.S.
branch of a foreign financial institution), that come
within the United States, or that come within the
possession or control of any United States person; or
``(3) where appropriate, the repatriation of stolen
assets in an account at a U.S. financial institution
(including a U.S. branch of a foreign financial
institution), that come within the United States, or
that come within the possession or control of any
United States person.
``(c) Coordination.--
``(1) Procedures.--To ensure that the payment of
rewards pursuant to this section does not duplicate or
interfere with any other payment authorized by the
Department of Justice or other Federal law enforcement
agencies for the obtaining of information or other
evidence, the Secretary of the Treasury, in
consultation with the Secretary of State, the Attorney
General, and the heads of such other agencies as the
Secretary may find appropriate, shall establish
procedures for the offering, administration, and
payment of rewards under this section, including
procedures for--
``(A) identifying actions with respect to
which rewards will be offered;
``(B) the receipt and analysis of data; and
``(C) the payment of rewards and approval of
such payments.
``(2) Prior approval of the attorney general
required.--Before making a reward under this section in
a matter over which there is Federal criminal
jurisdiction, the Secretary of the Treasury shall
obtain the written concurrence of the Attorney General.
``(d) Payment of Rewards.--
``(1) Authorization of appropriations.--For the
purpose of paying rewards pursuant to this section,
there is authorized to be appropriated--
``(A) $450,000 for fiscal year 2020; and
``(B) for each fiscal year, any amount
recovered in stolen assets described under
subsection (b) that the Secretary determines is
necessary to carry out this program consistent
with this section.
``(2) Limitation on annual payments.--Except as
provided under paragraph (3), the total amount of
rewards paid pursuant to this section may not exceed
$25 million in any calendar year.
``(3) Presidential authority.--The President may
waive the limitation under paragraph (2) with respect
to a calendar year if the President provides written
notice of such waiver to the appropriate committees of
the Congress at least 30 days before any payment in
excess of such limitation is made pursuant to this
section.
``(4) Payments to be made first from stolen asset
amounts.--In paying any reward under this section, the
Secretary shall, to the extent possible, make such
reward payment--
``(A) first, from appropriated funds
authorized under paragraph (1)(B); and
``(B) second, from appropriated funds
authorized under paragraph (1)(A).
``(e) Limitations.--
``(1) Submission of information.--No award may be
made under this section based on information submitted
to the Secretary unless such information is submitted
under penalty of perjury.
``(2) Maximum amount.--No reward paid under this
section may exceed $5 million, unless the Secretary--
``(A) personally authorizes such greater
amount in writing;
``(B) determines that offer or payment of a
reward of a greater amount is necessary due to
the exceptional nature of the case; and
``(C) notifies the appropriate committees of
the Congress of such determination.
``(3) Approval.--
``(A) In general.--No reward amount may be
paid under this section without the written
approval of the Secretary.
``(B) Delegation.--The Secretary may not
delegate the approval required under
subparagraph (A) to anyone other than an Under
Secretary of the Department of the Treasury.
``(4) Protection measures.--If the Secretary
determines that the identity of the recipient of a
reward or of the members of the recipient's immediate
family must be protected, the Secretary shall take such
measures in connection with the payment of the reward
as the Secretary considers necessary to effect such
protection.
``(5) Forms of reward payment.--The Secretary may
make a reward under this section in the form of a
monetary payment.
``(f) Ineligibility, Reduction in, or Denial of Reward.--
``(1) Officer and employees.--An officer or employee
of any entity of Federal, State, or local government or
of a foreign government who, while in the performance
of official duties, furnishes information described
under subsection (b) shall not be eligible for a reward
under this section.
``(2) Participating individuals.--If the claim for a
reward is brought by an individual who the Secretary
has a reasonable basis to believe knowingly planned,
initiated, directly participated in, or facilitated the
actions that led to assets of a foreign state or
governmental entity being stolen, misappropriated, or
illegally diverted or to the payment of bribes or other
foreign governmental corruption, the Secretary shall
appropriately reduce, and may deny, such award. If such
individual is convicted of criminal conduct arising
from the role described in the preceding sentence, the
Secretary shall deny or may seek to recover any reward,
as the case may be.
``(g) Report.--
``(1) In general.--Within 180 days of the enactment
of this section, and annually thereafter for 5 years,
the Secretary shall issue a report to the appropriate
committees of the Congress--
``(A) detailing to the greatest extent
possible the amount, location, and ownership or
beneficial ownership of any stolen assets that,
on or after the date of the enactment of this
section, come within the United States or that
come within the possession or control of any
United States person;
``(B) discussing efforts being undertaken to
identify more such stolen assets and their
owners or beneficial owners; and
``(C) including a discussion of the
interactions of the Department of the Treasury
with the international financial institutions
(as defined in section 1701(c)(2) of the
International Financial Institutions Act) to
identify the amount, location, and ownership,
or beneficial ownership, of stolen assets held
in financial institutions outside the United
States.
``(2) Exception for ongoing investigations.--The
report issued under paragraph (1) shall not include
information related to ongoing investigations.
``(h) Definitions.--For purposes of this section:
``(1) Appropriate committees of the congress.--The
term `appropriate committees of the Congress' means the
Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate.
``(2) Financial asset.--The term `financial asset'
means any funds, investments, or ownership interests,
as defined by the Secretary, that on or after the date
of the enactment of this section come within the United
States or that come within the possession or control of
any United States person.
``(3) Foreign government corruption.--The term
`foreign government corruption' includes bribery of a
foreign public official, or the misappropriation,
theft, or embezzlement of public funds or property by
or for the benefit of a foreign public official.
``(4) Foreign public official.--The term `foreign
public official' includes any person who occupies a
public office by virtue of having been elected,
appointed, or employed, including any military,
civilian, special, honorary, temporary, or
uncompensated official.
``(5) Immediate family member.--The term `immediate
family member', with respect to an individual, has the
meaning given the term `member of the immediate family'
under section 36(k) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708(k)).
``(6) Rewards program.--The term `rewards program'
means the program established in subsection (a)(1) of
this section.
``(7) Secretary.--The term `Secretary' means the
Secretary of the Treasury.
``(8) Stolen assets.--The term `stolen assets' means
financial assets within the jurisdiction of the United
States, constituting, derived from, or traceable to,
any proceeds obtained directly or indirectly from
foreign government corruption.''.
(b) Report on Disposition of Recovered Assets.--Within 360
days of the enactment of this Act, the Secretary of the
Treasury shall issue a report to the appropriate committees of
Congress (as defined under section 9706(h) of title 31, United
States Code) describing policy choices and recommendations for
disposition of stolen assets recovered pursuant to section 9706
of title 31, United States Code.
(c) Table of Contents Amendment.--The table of contents for
chapter 97 of title 31, United States Code, is amended by
adding at the end the following:
``9706. Department of the Treasury Kleptocracy Asset Recovery Rewards
Program.''.
____________________________________________________
240. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. _. REPORT ON INCIDENTS OF ARBITRARY DETENTION, VIOLENCE, AND
STATE-SANCTIONED HARASSMENT BY THE GOVERNMENT OF
EGYPT AGAINST UNITED STATES CITIZENS AND THEIR
FAMILY MEMBERS WHO ARE NOT UNITED STATES CITIZENS.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of State, in consultation
with the Secretary of Defense, shall submit to the appropriate
congressional committees a report on incidents of arbitrary
detention, violence, and state-sanctioned harassment by the
Government of Egypt against United States citizens and their
family members who are not United States citizens, in both
Egypt and in the United States.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) A detailed description of such incidents in the
past three years.
(2) A certification of whether such incidents
constitute a ``pattern of acts of intimidation or
harassment'' for purposes of a Presidential
determination in accordance with section 6 of the Arms
Export Control Act (22 U.S.C. 2756).
(3) A statement of the Secretary of State's intent
with regard to cancelling or suspending any letters of
offer, credits, guarantees, or export licenses accorded
to the Government of Egypt in accordance with the
provisions of section 6 of such Act.
(4) Any other actions taken to meaningfully deter
incidents of intimidation or harassment against
Americans and their families by such government's
security agencies.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but the portions of the report
described in paragraphs (2), (3), and (4) of subsection (b) may
contain a classified annex, so long as such annex is provided
separately from the unclassified report.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(2) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.
----------
241. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XII, add the following:
SEC. 12__. CONGRESSIONAL OVERSIGHT OF UNITED STATES TALKS WITH TALIBAN
OFFICIALS AND AFGHANISTAN'S COMPREHENSIVE PEACE
PROCESS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Armed Services, and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs, the
Committee on Armed Services, and the Permanent
Select Committee on Intelligence of the House
of Representatives.
(2) Government of afghanistan.--The term ``Government
of Afghanistan'' means the Government of the Islamic
Republic of Afghanistan and its agencies,
instrumentalities, and controlled entities.
(3) The taliban.--The term ``the Taliban''--
(A) refers to the organization that refers to
itself as the ``Islamic Emirate of
Afghanistan'', that was founded by Mohammed
Omar, and that is currently led by Mawlawi
Hibatullah Akhundzada; and
(B) includes subordinate organizations, such
as the Haqqani Network, and any successor
organization.
(4) February 29 agreement.--The term ``February 29
Agreement'' refers to the political arrangement between
the United States and the Taliban titled ``Agreement
for Bringing Peace to Afghanistan Between the Islamic
Emirate of Afghanistan which is not recognized by the
United States as a state and is known as the Taliban
and the United States of America'' signed at Doha,
Qatar February 29, 2020.
(b) Oversight of Peace Process and Other Agreements.--
(1) Transmission to congress of materials relevant to
the february 29 agreement.--The Secretary of State, in
consultation with the Secretary of Defense, shall
continue to submit to the appropriate congressional
committees materials relevant to the February 29
Agreement.
(2) Submission to congress of any future deals
involving the taliban.--The Secretary of State shall
submit to the appropriate congressional committees,
within 5 days of conclusion and on an ongoing basis
thereafter, any future agreement or arrangement
involving the Taliban in any manner, as well as
materials relevant to any future agreement or
arrangement involving the Taliban in any manner.
(3) Definitions.--In this subsection, the terms
``materials relevant to the February 29 Agreement'' and
``materials relevant to any future agreement or
arrangement'' include all annexes, appendices, and
instruments for implementation of the February 29
Agreement or a future agreement or arrangement, as well
as any understandings or expectations related to the
Agreement or a future agreement or arrangement.
(c) Report and Briefing on Verification and Compliance.--
(1) In general.--
(A) Report.--Not later than 90 days after the
date of the enactment of this Act, and not less
frequently than once every 120 days thereafter,
the President shall submit to the appropriate
congressional committees a report verifying
whether the key tenets of the February 29
Agreement, or future agreements, and
accompanying implementing frameworks are being
preserved and honored.
(B) Briefing.--At the time of each report
submitted under subparagraph (A), the Secretary
of State shall direct a Senate-confirmed
Department of State official and other
appropriate officials to brief the appropriate
congressional committees on the contents of the
report. The Director of National Intelligence
shall also direct an appropriate official to
participate in the briefing.
(2) Elements.--The report and briefing required under
paragraph (1) shall include--
(A) an assessment--
(i) of the Taliban's compliance with
counterterrorism guarantees, including
guarantees to deny safe haven and
freedom of movement to al-Qaeda and
other terrorist threats from operating
on territory under its influence; and
(ii) whether the United States
intelligence community has collected
any intelligence indicating the Taliban
does not intend to uphold its
commitments;
(B) an assessment of Taliban actions against
terrorist threats to United States national
security interests;
(C) an assessment of whether Taliban
officials have made a complete, transparent,
public, and verifiable breaking of all ties
with al-Qaeda;
(D) an assessment of the current relationship
between the Taliban and al-Qaeda, including any
interactions between members of the two groups
in Afghanistan, Pakistan, or other countries,
and any change in Taliban conduct towards al-
Qaeda since February 29, 2020;
(E) an assessment of the relationship between
the Taliban and any other terrorist group that
is assessed to threaten the security of the
United States or its allies, including any
change in conduct since February 29, 2020;
(F) an assessment of whether the Haqqani
Network has broken ties with al-Qaeda, and
whether the Haqqani Network's leader Sirajuddin
Haqqani remains part of the leadership
structure of the Taliban;
(G) an assessment of threats emanating from
Afghanistan against the United States homeland
and United States partners, and a description
of how the United States Government is
responding to those threats;
(H) an assessment of intra-Afghan
discussions, political reconciliation, and
progress towards a political roadmap that seeks
to serve all Afghans;
(I) an assessment of the viability of any
intra-Afghan governing agreement;
(J) an assessment as to whether the terms of
any reduction in violence or ceasefire are
being met by all sides in the conflict;
(K) a detailed overview of any United States
and NATO presence remaining in Afghanistan and
any planned changes to such force posture;
(L) an assessment of the status of human
rights, including the rights of women,
minorities, and youth;
(M) an assessment of the access of women,
minorities, and youth to education, justice,
and economic opportunities in Afghanistan;
(N) an assessment of the status of the rule
of law and governance structures at the
central, provincial, and district levels of
government;
(O) an assessment of the media and of the
press and civil society's operating space in
Afghanistan;
(P) an assessment of illicit narcotics
production in Afghanistan, its linkages to
terrorism, corruption, and instability, and
policies to counter illicit narcotics flows;
(Q) an assessment of corruption in Government
of Afghanistan institutions at the district,
provincial, and central levels of government;
(R) an assessment of the number of Taliban
and Afghan prisoners and any plans for the
release of such prisoners from either side;
(S) an assessment of any malign Iranian,
Chinese, and Russian influence in Afghanistan;
(T) an assessment of how other regional
actors, such as Pakistan, the countries of
Central Asia, and India, are engaging with
Afghanistan;
(U) a detailed overview of national-level
efforts to promote transitional justice,
including forensic efforts and documentation of
war crimes, mass killings, or crimes against
humanity, redress to victims, and
reconciliation activities;
(V) A detailed overview of United States
support for Government of Afghanistan and civil
society efforts to promote peace and justice at
the local level and how these efforts are
informing government-level policies and
negotiations;
(W) an assessment of the progress made by the
Afghanistan Ministry of Interior and the Office
of the Attorney General to address gross
violations of human rights (GVHRs) by civilian
security forces, Taliban, and non-government
armed groups, including--
(i) a breakdown of resources provided
by the Government of Afghanistan
towards these efforts; and
(ii) a summary of assistance provided
by the United States Government to
support these efforts; and
(X) an overview of civilian casualties caused
by the Taliban, non-government armed groups,
and Afghan National Defense and Security
Forces, including--
(i) an estimate of the number of
destroyed or severely damaged civilian
structures;
(ii) a description of steps taken by
the Government of Afghanistan to
minimize civilian casualties and other
harm to civilians and civilian
infrastructure;
(iii) an assessment of the Government
of Afghanistan's capacity and
mechanisms for investigating reports of
civilian casualties; and
(iv) an assessment of the Government
of Afghanistan's efforts to hold local
militias accountable for civilian
casualties.
(3) Counterterrorism strategy.--In the event that the
Taliban does not meet its counterterrorism obligations
under the February 29 Agreement, the report and
briefing required under this subsection shall include
information detailing the United States'
counterterrorism strategy in Afghanistan and Pakistan.
(4) Form.--The report required under subparagraph (A)
of paragraph (1) shall be submitted in unclassified
form, but may include a classified annex, and the
briefing required under subparagraph (B) of such
paragraph shall be conducted at the appropriate
classification level.
(d) Rule of Construction.--Nothing in this section shall
prejudice whether a future deal involving the Taliban in any
manner constitutes a treaty for purposes of Article II of the
Constitution of the United States.
(e) Sunset.--Except for subsections (b) and (d), the
provisions of this section shall cease to be effective on the
date that is 5 years after the date of the enactment of this
Act.
----------
242. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title XII, add the following:
SEC. _. RESTRICTIONS ON EXPORT, REEXPORT, AND IN-COUNTRY TRANSFERS OF
CERTAIN ITEMS THAT PROVIDE A CRITICAL CAPABILITY TO
THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA TO
SUPPRESS INDIVIDUAL PRIVACY, FREEDOM, AND OTHER
BASIC HUMAN RIGHTS.
(a) Statement of Policy.--It is the policy of the United
States to protect the basic human rights of Uighurs and other
ethnic minorities in the People's Republic of China.
(b) List of Covered Items.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, and as appropriate
thereafter, the President--
(A) shall identify those items that provide a
critical capability to the Government of the
People's Republic of China, or any person
acting on behalf of such Government, to
suppress individual privacy, freedom of
movement, and other basic human rights,
specifically through--
(i) surveillance, interception, and
restriction of communications;
(ii) monitoring of individual
location or movement or restricting
individual movement;
(iii) monitoring or restricting
access to and use of the internet;
(iv) monitoring or restricting use of
social media;
(v) identification of individuals
through facial recognition, voice
recognition, or biometric indicators;
(vi) detention of individuals who are
exercising basic human rights; and
(vii) forced labor in manufacturing;
and
(B) shall, pursuant to the Export Control
Reform Act of 2018 (50 U.S.C. 4801 et seq.),
include items identified pursuant to
subparagraph (A) on the Commerce Control List
in a category separate from other items, as
appropriate, on the Commerce Control List.
(2) Support and cooperation.--Upon request, the head
of a Federal agency shall provide full support and
cooperation to the President in carrying out this
subsection.
(3) Consultation.--In carrying out this subsection,
the President shall consult with the relevant technical
advisory committees of the Department of Commerce to
ensure that the composition of items identified under
paragraph (1)(A) and included on the Commerce Control
List under paragraph (1)(B) does not unnecessarily
restrict commerce between the United States and the
People's Republic of China, consistent with the
purposes of this section.
(c) Special License or Other Authorization.--
(1) In general.--Beginning not later than 180 days
after the date of the enactment of this Act, the
President shall, pursuant to the Export Control Reform
Act of 2018 (50 U.S.C. 4801 et seq.), require a license
or other authorization for the export, reexport, or in-
country transfer to or within the People's Republic of
China of an item identified pursuant to subsection
(b)(1)(A) and included on the Commerce Control List
pursuant to subsection (b)(1)(B).
(2) Presumption of denial.--An application for a
license or other authorization described in paragraph
(1) shall be subject to a presumption of denial.
(3) Public notice and comment.--The President shall
provide for notice and public comment with respect
actions necessary to carry out this subsection.
(d) International Coordination and Multilateral Controls.--It
shall be the policy of the United States to seek to harmonize
United States export control regulations with international
export control regimes with respect to the items identified
pursuant to subsection (b)(1)(A), including through the
Wassenaar Arrangement and other bilateral and multilateral
mechanisms involving countries that export such items.
(e) Termination of Suspension of Certain Other Programs and
Activities.--Section 902(b)(1) of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-
246; 22 U.S.C. 2151 note) is amended--
(1) in the matter preceding subparagraph (A), by
inserting ``and China's Xinjiang Uighur Autonomous
Region'' after ``Tibet'';
(2) in subparagraph (D), by striking ``and'' at the
end;
(3) in subparagraph (E), by striking ``or'' after the
semicolon and inserting ``and''; and
(4) by adding the following new subparagraph:
``(F) the ending of the mass internment of
ethnic Uighurs and other Turkic Muslims in the
Xinjiang Uighur Autonomous Region, including
the intrusive system of high-tech surveillance
and policing in the region; or''.
(f) Definitions.--In this section:
(1) Commerce control list.--The term ``Commerce
Control List'' means the list set forth in Supplement
No. 1 to part 774 of the Export Administration
Regulations under subchapter C of chapter VII of title
15, Code of Federal Regulations.
(2) Export, in-country transfer, item, and
reexport.--The terms ``export'', ``in-country
transfer'', ``item'', and ``reexport'' have the
meanings given such terms in section 1742 of the Export
Control Reform Act of 2018 (50 U.S.C. 4801).
----------
243. An Amendment To Be Offered by Representative Maloney of New York
or His Designee, Debatable for 10 Minutes
Page 377, line 14, insert ``cadet, or midshipman'' after
``member''.
Page 377, line 21, insert ``cadet, or midshipman'' after
``member''.
----------
244. An Amendment To Be Offered by Representative Maloney of New York
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title VII the following new
section:
SEC. 719. MAINTENANCE OF CERTAIN MEDICAL SERVICES AT MILITARY MEDICAL
TREATMENT FACILITIES AT SERVICE ACADEMIES.
Section 1073d of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f) Maintenance of Certain Medical Services at Service
Academies.--(1) In carrying out subsection (a), the Secretary
of Defense shall ensure that each military medical treatment
facility located at a Service Academy (as defined in section
347 of this title) provides each covered medical service unless
the Secretary determines that a civilian health care facility
located not fewer than five miles from the Service Academy
provides the covered medical service.
``(2) In this subsection, the term `covered medical service'
means the following:
``(A) Emergency room services.
``(B) Orthopedic services.
``(C) General surgery services.
``(D) Ear, nose, and throat services.
``(E) Gynecological services.
``(F) Ophthalmology services.
``(G) In-patient services.
``(H) Any other medical services that the relevant
Superintendent of the Service Academy determines
necessary to maintain the readiness and health of the
cadets or midshipmen and members of the armed forces at
the Service Academy.''.
----------
245. An Amendment To Be Offered by Representative Maloney of New York
or His Designee, Debatable for 10 Minutes
Page 444, line 6, insert ``and cadets or midshipmen'' after
``members of the Armed Forces''.
----------
246. An Amendment To Be Offered by Representative Maloney of New York
or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVII, add the following new
section:
SEC. 17__. REPORTS ON MILITARY SERVICE ACADEMIES.
Not later than 180 days after the date of the enactment of
this Act, the superintendent of each military service academy
shall submit to the Secretary of Defense and the congressional
defense committees a report that includes, with respect to the
academy overseen by the superintendent, the following:
(1) Anonymized equal opportunity claims and
determinations involving the academy over the past 20
years.
(2) Results of a climate survey of cadets or
midshipmen (as the case may be) conducted by an
external entity.
(3) A review of educational and extracurricular
instruction at the academy, including--
(A) a review of courses to ensure the
inclusion of minority communities in authorship
and course content; and
(B) a review of faculty and staff
demographics to determine diversity recruitment
practices at the academy.
----------
247. An Amendment To Be Offered by Representative Marshall of Kansas or
His Designee, Debatable for 10 Minutes
Page 470, after line 6, insert the following:
SEC. 626. MODIFICATION TO FIRST DIVISION MONUMENT.
(a) Short Title.--This Act may be cited as the ``First
Infantry Recognition of Sacrifice in Theater Act'' or the
``FIRST Act''.
(b) Authorization.--The Society of the First Infantry
Division (an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of that code), may make modifications (including
construction of additional plaques and stone plinths on which
to put the plaques) to the First Division Monument located on
Federal land in President's Park in the District of Columbia
that was set aside for memorial purposes of the First Infantry
Division, in order to honor the members of the First Infantry
Division who paid the ultimate sacrifice during United States
operations, including Operation Desert Storm, Operation Iraqi
Freedom and New Dawn, and Operation Enduring Freedom. The First
Infantry Division at the Department of the Army shall
collaborate with the Department of Defense to provide to the
Society of the First Infantry Division the list of names to be
added.
(c) Non-application of Commemorative Works Act.--Subsection
(b) of section 8903 of title 40, United States Code (commonly
known as the ``Commemorative Works Act''), shall not apply to
actions taken under subsection (b) of this section.
(d) Funding.--Federal funds may not be used to pay any
expense of the activities of the Society of the First Infantry
Division which are authorized by this section.
----------
248. An Amendment To Be Offered by Representative Mast of Florida or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title V, add the following:
SEC. 5__. AUTHORITY TO REINSTATE AND TRANSFER OFFICERS IN MEDICAL
SPECIALTIES IN THE RESERVE COMPONENTS OF THE ARMED
FORCES PREVIOUSLY RETIRED HONORABLY OR UNDER
HONORABLE CONDITIONS.
(a) In General.--Section 14703(b) of title 10, United States
Code, is amended--
(1) in paragraph (1), by striking ``paragraph (2)''
and inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) In the case of an officer in a medical specialty
described in subsection (a) who was previously retired
honorably or under honorable conditions beyond the date
described in paragraph (1)--
``(A) if the Secretary concerned determines it
necessary, the Secretary concerned may, with the
consent of the officer, reinstate the officer to an
active status for such period as the Secretary
concerned determines appropriate; or
``(B) the officer may be transferred under section
716 of this title to another armed force and reinstated
to an active status for such period as the Secretary
concerned determines appropriate.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading for section 14703
of title 10, United States Code, is amended to read as
follows:
``Sec. 14703. Retention of chaplains and officers in medical
specialties until specified age; retention,
reinstatement, and transfer of officers in medical
specialties beyond specified age''.
(2) Table of sections.--The table of sections at the
beginning of chapter 1409 of such title is amended by
striking the item relating to section 14703 and
inserting the following new item:
``14703. Retention of chaplains and officers in medical specialties
until specified age; retention, reinstatement, and transfer of
officers in medical specialties beyond specified age.''.
____________________________________________________
249. An Amendment To Be Offered by Representative McAdams of Utah or
His Designee, Debatable for 10 Minutes
Add at the end the following:
DIVISION F--STOPPING TRAFFICKING, ILLICIT FLOWS, LAUNDERING, AND
EXPLOITATION
SEC. 6001. SHORT TITLE.
This division may be cited as the ``Stopping Trafficking,
Illicit Flows, Laundering, and Exploitation Act of 2020'' or
the ``STIFLE Act of 2020''.
SEC. 6002. FINDINGS.
The Congress finds the following:
(1) Trafficking is a national-security threat and an
economic drain of our resources.
(2) As the U.S. Department of the Treasury's recently
released ``2020 National Strategy for Combating
Terrorist and Other Illicit Financing'' concludes,
``While money laundering, terrorism financing, and WMD
proliferation financing differ qualitatively and
quantitatively, the illicit actors engaging in these
activities can exploit the same vulnerabilities and
financial channels.''.
(3) Among those are bad actors engaged in
trafficking, whether they trade in drugs, arms,
cultural property, wildlife, natural resources,
counterfeit goods, organs, or, even, other humans.
(4) Their illegal (or ``dark'') markets use similar
and sometimes related or overlapping methods and means
to acquire, move, and profit from their crimes.
(5) In a March 2017, report from Global Financial
Integrity, ``Transnational Crime and the Developing
World'', the global business of transnational crime was
valued at $1.6 trillion to $2.2 trillion annually,
resulting in crime, violence, terrorism, instability,
corruption, and lost tax revenues worldwide.
SEC. 6003. GAO STUDY.
(a) Study.--The Comptroller General of the United States
shall carry out a study on--
(1) the major trafficking routes used by
transnational criminal organizations, terrorists, and
others, and to what extent the trafficking routes for
people (including children), drugs, weapons, cash,
child sexual exploitation materials, or other illicit
goods are similar, related, or cooperative;
(2) commonly used methods to launder and move the
proceeds of trafficking;
(3) the types of suspicious financial activity that
are associated with illicit trafficking networks, and
how financial institutions identify and report such
activity;
(4) the nexus between the identities and finances of
trafficked persons and fraud;
(5) the tools, guidance, training, partnerships,
supervision, or other mechanisms that Federal agencies,
including the Department of the Treasury's Financial
Crimes Enforcement Network, the Federal financial
regulators, and law enforcement, provide to help
financial institutions identify techniques and patterns
of transactions that may involve the proceeds of
trafficking;
(6) what steps financial institutions are taking to
detect and prevent bad actors who are laundering the
proceeds of illicit trafficking, including data
analysis, policies, training procedures, rules, and
guidance;
(7) what role gatekeepers, such as lawyers, notaries,
accountants, investment advisors, logistics agents, and
trust and company service providers, play in
facilitating trafficking networks and the laundering of
illicit proceeds; and
(8) the role that emerging technologies, including
artificial intelligence, digital identity technologies,
blockchain technologies, virtual assets, and related
exchanges and online marketplaces, and other innovative
technologies, can play in both assisting with and
potentially enabling the laundering of proceeds from
trafficking.
(b) Consultation.--In carrying out the study required under
subsection (a), the Comptroller General shall solicit feedback
and perspectives to the extent practicable from survivor and
victim advocacy organizations, law enforcement, research
organizations, private-sector organizations (including
financial institutions and data and technology companies), and
any other organization or entity that the Comptroller General
determines appropriate.
(c) Report.--The Comptroller General shall issue one or more
reports to the Congress containing the results of the study
required under subsection (a). The first report shall be issued
not later than the end of the 15-month period beginning on the
date of the enactment of this Act. The reports shall contain--
(1) all findings and determinations made in carrying
out the study required under subsection (a); and
(2) recommendations for any legislative or regulatory
changes necessary to combat trafficking or the
laundering of proceeds from trafficking.
----------
250. An Amendment To Be Offered by Representative McBath of Georgia or
Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title II, add the following new
section:
SEC. 2__. FUNDING FOR ARMY UNIVERSITY RESEARCH INITIATIVES.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding table
in section 4201, for research, development, test, and
evaluation, Army, basic research, university research
initiatives (PE 0601103A), line 003 is hereby increased by
$5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for operation and maintenance, Army, admin & servicewide
activities, servicewide communications, line 440 is hereby
reduced by $5,000,000.
----------
251. An Amendment To Be Offered by Representative McCaul of Texas or
His Designee, Debatable for 10 Minutes
Add at the end of title XII the following:
Subtitle H--LIFT Act
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the ``Leveraging Information on
Foreign Traffickers Act'' or the ``LIFT Act''.
SEC. 1282. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the annual Trafficking In Persons Report prepared
by the Department of State pursuant to the Trafficking
Victims Protection Act of 2000 (the ``TIP Report'')
remains one of the most comprehensive, timely, and
important sources of information on human trafficking
in the world, and currently includes 187 individual
country narratives;
(2) in January 2019, the statute mandating the TIP
Report was amended to require that each report must
cover efforts and activities occurring within the
period from April 1 of the prior year through March 31
of the current year, which necessarily requires the
collection and transmission of information after March
31;
(3) ensuring that the Department of State has
adequate time to receive, analyze, and incorporate
trafficking-related information into its annual
Trafficking In Persons Report is important to the
quality and comprehensiveness of that report;
(4) information regarding prevalence and patterns of
human trafficking is important for understanding the
scourge of modern slavery and making effective
decisions about where and how to combat it; and
(5) United States officials responsible for
monitoring and combating trafficking in persons around
the world should receive available information
regarding where and how often United States diplomatic
and consular officials encounter persons who are
responsible for, or who knowingly benefit from, severe
forms of trafficking in persons.
SEC. 1283. ANNUAL DEADLINE FOR TRAFFICKING IN PERSONS REPORT.
Section 110(b)(1) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7107(b)(1)) is amended by striking ``June
1'' and inserting ``June 30''.
SEC. 1284. UNITED STATES ADVISORY COUNCIL ON HUMAN TRAFFICKING.
(a) Extension.--Section 115(h) of the Justice for Victims of
Trafficking Act of 2015 (Public Law 114-22; 129 Stat. 243) is
amended by striking ``September 30, 2021'' and inserting
``September 30, 2025''.
(b) Compensation.--Section 115(f) of the Justice for Victims
of Trafficking Act of 2015 (Public Law 114-22; 129 Stat. 243)
is amended--
(1) in paragraph (1), by striking ``and'' after the
semicolon at the end;
(2) in paragraph (2), by striking the period at end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) may each receive compensation for each day such
member is engaged in the actual performance of the
duties of the Council.''.
(c) Compensation Report.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of State shall
provide to the relevant congressional committees a plan to
implement compensation for members of the United States
Advisory Council on Human Trafficking pursuant to paragraph (3)
of section 115(f) of the Justice for Victims of Trafficking Act
of 2015 (Public Law 114-22; 129 Stat. 243), as added by
subsection (b).
SEC. 1285. TIMELY PROVISION OF INFORMATION TO THE OFFICE TO MONITOR AND
COMBAT TRAFFICKING IN PERSONS OF THE DEPARTMENT OF
STATE.
(a) In General.--Section 106 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7104) is amended by adding at
the end the following new subsection:
``(l) Information Regarding Human Trafficking-Related Visa
Denials.--
``(1) In general.--The Secretary of State shall
ensure that the Office to Monitor and Combat
Trafficking in Persons and the Bureau of Diplomatic
Security of the Department of State receive timely and
regular information regarding United States visa
denials based, in whole or in part, on grounds related
to human trafficking.
``(2) Decisions regarding allocation.--The Secretary
of State shall ensure that decisions regarding the
allocation of resources of the Department of State
related to combating human trafficking and to law
enforcement presence at United States diplomatic and
consular posts appropriately take into account--
``(A) the information described in paragraph
(1); and
``(B) the information included in the most
recent report submitted in accordance with
section 110(b).''.
(b) Conforming Amendment.--Section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102) is amended by
adding at the end the following new paragraph:
``(18) Grounds related to human trafficking.--The
term `grounds related to human trafficking' means
grounds related to the criteria for inadmissibility to
the United States described in subsection (a)(2)(H) of
section 212 of the Immigration and Nationality Act (8
U.S.C. 1182).''.
SEC. 1286. REPORTS TO CONGRESS.
(a) Initial Report.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall provide
to the relevant congressional committees a report that--
(1) describes the actions that have been taken and
that are planned to implement subsection (l) of section
106 of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7104), as added by section 1285; and
(2) identifies by country and by United States
diplomatic and consular post the number of visa
applications denied during the previous calendar year
with respect to which the basis for such denial,
included grounds related to human trafficking (as such
term is defined in section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102), as
amended by section 1285(b)).
(b) Annual Report.--Beginning with the first annual anti-
trafficking report required under subsection (b)(1) of section
110 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7107; enacted as division A of the Victims of
Trafficking and Violence Protection Act of 2000) that is
submitted after the date of the enactment of this Act and
concurrent with each such subsequent submission for the
following seven years, the Secretary of State shall submit to
the relevant congressional committees a report that contains
information relating to the number and the locations of United
States visa denials based, in whole or in part, on grounds
related to human trafficking (as such term is defined in
section 103 of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7102), as amended by section 1285(b)) during the
period covered by each such annual anti-trafficking report.
SEC. 1287. DEFINITIONS.
In this subtitle:
(1) Locations of united states visa denials.--The
term ``location of United States visa denials'' means--
(A) the United States diplomatic or consular
post at which a denied United States visa
application was adjudicated; and
(B) the city or locality of residence of the
applicant whose visa application was so denied.
(2) Relevant congressional committees.--The term
``relevant congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Foreign Relations and
the Committee on the Judiciary of the Senate.
----------
252. An Amendment To Be Offered by Representative McCaul of Texas or
His Designee, Debatable for 10 Minutes
At the appropriate place in title XII, insert the following:
SEC. 12__. ESTABLISHMENT OF THE OPEN TECHNOLOGY FUND.
(a) Sense of Congress.--It is the sense of Congress that it
is in the interest of the United States to promote global
internet freedom by countering internet censorship and
repressive surveillance and protect the internet as a platform
for the free exchange of ideas, promotion of human rights and
democracy, and advancement of a free press and to support
efforts that prevent the deliberate misuse of the internet to
repress individuals from exercising their rights to free speech
and association, including countering the use of such
technologies by authoritarian regimes.
(b) Establishment.--The United States International
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended by
inserting after section 309 the following new section:
``SEC. 309A. OPEN TECHNOLOGY FUND.
``(a) Authority.--
``(1) In general.--Grants authorized under section
305 shall be available to make annual grants for the
purpose of promoting, consistent with United States
law, unrestricted access to uncensored sources of
information via the internet to enable journalists,
including journalists employed by or affiliated with
the Voice of America, Radio Free Europe/Radio Liberty,
Radio Free Asia, the Middle East Broadcasting Networks,
the Office of Cuba Broadcasting, or any entity funded
by or partnering with the United States Agency for
Global Media, to create and disseminate, and for their
audiences to receive, news and information consistent
with the purposes, standards, and principles specified
in sections 302 and 303.
``(2) Establishment.--There is established a grantee
entity to be known as the `Open Technology Fund', which
shall carry out the provisions of this section.
``(b) Functions of the Grantee.--In furtherance of the
mission set forth in subsection (a), the Open Technology Fund
shall seek to advance freedom of the press and unrestricted
access to the internet in repressive environments oversees, and
shall--
``(1) research, develop, implement, and maintain--
``(A) technologies that circumvent techniques
used by authoritarian governments, nonstate
actors, and others to block or censor access to
the internet, including circumvention tools
that bypass internet blocking, filtering, and
other censorship techniques used to limit or
block legitimate access to content and
information; and
``(B) secure communication tools and other
forms of privacy and security technology that
facilitate the creation and distribution of
news and enable audiences to access media
content on censored websites;
``(2) advance internet freedom by supporting private
and public sector research, development,
implementation, and maintenance of technologies that
provide secure and uncensored access to the internet to
counter attempts by authoritarian governments, nonstate
actors, and others to improperly restrict freedom
online;
``(3) research and analyze emerging technical threats
and develop innovative solutions through collaboration
with the private and public sectors to maintain the
technological advantage of the United States Government
over authoritarian governments, nonstate actors, and
others;
``(4) develop, acquire, and distribute requisite
internet freedom technologies and techniques for the
United States Agency for Global Media, including as set
forth in paragraph (1), and digital security
interventions, to fully enable the creation and
distribution of digital content between and to all
users and regional audiences;
``(5) prioritize programs for countries the
governments of which restrict freedom of expression on
the internet, and that are important to the national
interest of the United States, and are consistent with
section 7050(b)(2)(C) of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94); and
``(6) carry out any other effort consistent with the
purposes of this Act or press freedom overseas if
requested or approved by the United States Agency for
Global Media.
``(c) Methodology.--In carrying out subsection (b), the Open
Technology Fund shall--
``(1) support fully open-source tools, code, and
components, to the extent practicable, to ensure such
supported tools and technologies are as secure,
transparent, and accessible as possible, and require
that any such tools, components, code, or technology
supported by the Open Technology Fund remain fully
open-source, to the extent practicable;
``(2) support technologies that undergo comprehensive
security audits to ensure that such technologies are
secure and have not been compromised in a manner
detrimental to the interest of the United States or to
individuals and organizations benefitting from programs
supported by the Open Technology Fund;
``(3) review and update periodically as necessary
security auditing procedures used by the Open
Technology Fund to reflect current industry security
standards;
``(4) establish safeguards to mitigate the use of
such supported technologies for illicit purposes;
``(5) solicit project proposals through an open,
transparent, and competitive application process to
attract innovative applications and reduce barriers to
entry;
``(6) seek input from technical, regional, and
subject matter experts from a wide range of relevant
disciplines, to review, provide feedback, and evaluate
proposals to ensure the most competitive projects are
funded;
``(7) implement an independent review process,
through which proposals are reviewed by such experts to
ensure the highest degree of technical review and due
diligence;
``(8) maximize cooperation with the public and
private sectors, as well as foreign allies and partner
countries, to maximize efficiencies and eliminate
duplication of efforts; and
``(9) utilize any other methodology approved by the
United States Agency for Global Media in furtherance of
the mission of the Open Technology Fund.
``(d) Grant Agreement.--Any grant agreement with or grants
made to the Open Technology Fund under this section shall be
subject to the following limitations and restrictions:
``(1) The headquarters of the Open Technology Fund
and its senior administrative and managerial staff
shall be located in a location which ensures economy,
operational effectiveness, and accountability to the
United States Agency for Global Media.
``(2) Grants awarded under this section shall be made
pursuant to a grant agreement which requires that grant
funds be used only for activities consistent with this
section, and that failure to comply with such
requirements shall permit the grant to be terminated
without fiscal obligation to the United States.
``(3) Any grant agreement under this section shall
require that any contract entered into by the Open
Technology Fund shall specify that all obligations are
assumed by the grantee and not by the United States
Government.
``(4) Any grant agreement under this section shall
require that any lease agreements entered into by the
Open Technology Fund shall be, to the maximum extent
possible, assignable to the United States Government.
``(5) Administrative and managerial costs for
operation of the Open Technology Fund should be kept to
a minimum and, to the maximum extent feasible, should
not exceed the costs that would have been incurred if
the Open Technology Fund had been operated as a Federal
entity rather than as a grantee.
``(6) Grant funds may not be used for any activity
the purpose of which is influencing the passage or
defeat of legislation considered by Congress.
``(e) Relationship to the United States Agency for Global
Media.--
``(1) In general.--The Open Technology Fund shall be
subject to the same oversight and governance by the
United States Agency for Global Media as other grantees
of the Agency as set forth in section 305.
``(2) Assistance.--The United States Agency for
Global Media, its broadcast entities, and the Open
Technology Fund should render assistance to each other
as may be necessary to carry out the purposes of this
section or any other provision of this Act.
``(3) Not a federal agency or instrumentality.--
Nothing in this section may be construed to make the
Open Technology Fund a Federal agency or
instrumentality.
``(4) Detailees.--Under the Intergovernmental
Personnel Act, employees of a grantee of the United
States Agency for Global Media may be detailed to the
Agency, and Federal employees may be detailed to a
grantee of the United States Agency for Global Media.
``(f) Relationship to Other United States Government-funded
Internet Freedom Programs.--The United States Agency for Global
Media shall ensure that internet freedom research and
development projects of the Open Technology Fund are
coordinated with internet freedom programs of the Department of
State and other relevant United States Government departments,
in order to share information and best-practices relating to
the implementation of subsections (b) and (c).
``(g) Reporting Requirements.--
``(1) Annual report.--The Open Technology Fund shall
highlight, in its annual report, internet freedom
activities, including a comprehensive assessment of the
Open Technology Fund's activities relating to the
implementation of subsections (b) and (c). Each such
report shall include the following:
``(A) An assessment of the current state of
global internet freedom, including trends in
censorship and surveillance technologies and
internet shutdowns, and the threats such pose
to journalists, citizens, and human rights and
civil-society organizations.
``(B) A description of the technology
projects supported by the Open Technology Fund
and the associated impact of such projects in
the prior year, including the countries and
regions in which such technologies were
deployed, and any associated metrics indicating
audience usage of such technologies, as well as
future-year technology project initiatives.
``(2) Assessment of the effectiveness of the open
technology fund.--Not later than two years after the
date of the enactment of this section, the Inspector
General of the Department of State and the Foreign
Service shall submit to the appropriate congressional
committees a report on the following:
``(A) Whether the Open Technology Fund is
technically sound and cost effective.
``(B) Whether the Open Technology Fund is
satisfying the requirements of this section.
``(C) The extent to which the interests of
the United States are being served by
maintaining the work of the Open Technology
Fund.
``(h) Audit Authorities.--
``(1) In general.--Financial transactions of the Open
Technology Fund, as such relate to functions carried
out under this section, may be audited by the
Government Accountability Office in accordance with
such principles and procedures and under such rules and
regulations as may be prescribed by the Comptroller
General of the United States. Any such audit shall be
conducted at the place or places at which accounts of
the Open Technology Fund are normally kept.
``(2) Access by gao.--The Government Accountability
Office shall have access to all books, accounts,
records, reports, files, papers, and property belonging
to or in use by the Open Technology Fund pertaining to
financial transactions as may be necessary to
facilitate an audit. The Government Accountability
Office shall be afforded full facilities for verifying
transactions with any assets held by depositories,
fiscal agents, and custodians. All such books,
accounts, records, reports, files, papers, and property
of the Open Technology Fund shall remain in the
possession and custody of the Open Technology Fund.
``(3) Exercise of authorities.--Notwithstanding any
other provision of law, the Inspector General of the
Department of State and the Foreign Service is
authorized to exercise the authorities of the Inspector
General Act of 1978 with respect to the Open Technology
Fund.''.
(c) Conforming Amendments.--The United States International
Broadcasting Act of 1994 is amended--
(1) in section 304(d) (22 U.S.C. 6203(d)), by
inserting ``the Open Technology Fund,'' before ``the
Middle East Broadcasting Networks'';
(2) in sections 305 and 310 (22 U.S.C. 6204 and
6209), by inserting ``the Open Technology Fund,''
before ``or the Middle East Broadcasting Networks''
each place such term appears; and
(3) in section 310 (22 U.S.C. 6209), by inserting
``the Open Technology Fund,'' before ``and the Middle
East Broadcasting Networks'' each place such term
appears.
(d) Authorization of Appropriations.--There is authorized to
be appropriated for the Open Technology Fund $25,000,000 for
fiscal year 2022 to carry out section 309A of the United States
International Broadcasting Act of 1994, as added by subsection
(b) of this section.
(e) Effective Date.--Section 309A of the United States
International Broadcasting Act of 1994 (as added by subsection
(b) of this section) and subsections (c) and (d) of this
section shall take effect and apply beginning on July 1, 2021.
----------
253. An Amendment To Be Offered by Representative McGovern of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, insert the following:
SEC. 17__. RELEASE OF DEPARTMENT OF DEFENSE DOCUMENTS ON THE 1981 EL
MOZOTE MASSACRE IN EL SALVADOR.
(a) Release of Materials.--Not more than 30 days after the
date of the enactment of this Act, the Secretary of Defense
shall direct all Defense Agency bureaus, departments, agencies,
and entities to identify and release to Salvadoran judicial
authorities, including to the Salvadoran presiding judge
investigating and prosecuting the El Mozote massacre case, all
materials that might be relevant to the El Mozote massacre that
occurred in December of 1981.
(b) Materials Described.--The materials required to be
released under subsection (a) include--
(1) all documents, correspondence, reproductions of
Salvadoran documents, and other similar materials dated
during, or originating from, the period beginning on
January 1, 1981, and ending on January 30, 1983, that
are relevant to the massacre that occurred at El
Mozote, El Salvador, and surrounding communities, in
December of 1981;
(2) all materials dated during, or originating from,
the period referred to in paragraph (1) related to the
establishment, operations, command structure, officers
and troops of the Atlacatl Battalion; and
(3) any other materials the Secretary determines are
relevant to the El Mozote massacre.
(c) Timeline for Completion.--The Secretary shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a specific timeline for the completion of the
release of the materials as required under subsection (a). Such
timeline for completion may not exceed 150 days after the date
of the enactment of this Act.
----------
254. An Amendment To Be Offered by Representative McGovern of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. _. SENSE OF CONGRESS ON PAYMENT OF AMOUNTS OWED BY KUWAIT TO
UNITED STATES MEDICAL INSTITUTIONS.
(a) Findings.--Congress finds that--
(1) at least 45 medical institutions in the United
States have provided medical services to citizens of
Kuwait; and
(2) despite providing care for their citizens, Kuwait
has not paid amounts owed to such United States medical
institutions for such services in over two years.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Kuwait is an important partner of the United
States in the Middle East and both countries should
find ways to address irritants in the bilateral
relationship;
(2) the United States should seek a resolution with
Kuwait regarding the outstanding amounts Kuwait owes to
United States medical institutions for medical services
provided to citizens of Kuwait, especially during the
Coronavirus Disease 2019 (``COVID-19'') pandemic; and
(3) Kuwait should immediately pay such outstanding
amounts owed to such United States medical
institutions.
----------
255. An Amendment To Be Offered by Representative McGovern of
Massachusetts or His Designee, Debatable for 10 Minutes
Add at the end of subtitle G of title XII the following:
SEC. 12__. PROTECTION AND PROMOTION OF INTERNATIONALLY RECOGNIZED HUMAN
RIGHTS DURING THE NOVEL CORONAVIRUS PANDEMIC.
(a) Statement of Policy.--It is the policy of the United
States to--
(1) encourage the protection and promotion of
internationally recognized human rights at home and
abroad at all times and especially during the novel
coronavirus pandemic;
(2) support freedom of expression and freedom of the
press in the United States and elsewhere, which are
critical to ensuring public dissemination of, and
access to, accurate information about the novel
coronavirus pandemic, including information authorities
need to enact science-based policies that limit the
spread and impact of the virus, while protecting human
rights;
(3) support multilateral efforts to address the novel
coronavirus pandemic; and
(4) oppose the use of the novel coronavirus pandemic
as a justification for the enactment of laws and
policies that use states of emergency to violate or
otherwise restrict the human rights of citizens,
inconsistent with the principles of limitation and
derogation, and without clear scientific or public
health justifications, including the coercive,
arbitrary, disproportionate, or unlawful use of
surveillance technology.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should lead the international
community in its efforts to respond to the novel
coronavirus pandemic;
(2) the United States, in implementing emergency
policies at home and through its diplomacy, foreign
assistance, and security cooperation, should promote
the protection of internationally recognized human
rights during and after the novel coronavirus pandemic;
(3) foreign assistance and security cooperation
provided by the Department of State, the United States
Agency for International Development (USAID), and the
Department of Defense, whether implemented directly or
through nongovernmental organizations or international
organizations, should--
(A) support democratic institutions, civil
society, free media, and other internationally
recognized human rights during, and in the
aftermath of, the novel coronavirus pandemic;
(B) ensure attention to countries in which
the government's response to the pandemic
violated human rights and democratic norms; and
(C) incentivize foreign military and security
force units to abide by their human rights
obligations, and in no way contribute to human
rights violations; and
(4) in implementing emergency policies in response to
the novel coronavirus pandemic--
(A) governments should fully respect and
comply with internationally recognized human
rights, including the rights to life, liberty,
and security of the person, the freedoms of
movement, religion, speech, peaceful assembly,
association, freedom of expression and of the
press, and the freedom from arbitrary
detention, discrimination, or invasion of
privacy;
(B) emergency restrictions or powers that
impact internationally recognized human rights,
including the rights to freedom of assembly,
association, and movement should be--
(i) grounded in law, narrowly
tailored, proportionate, and necessary
to the government's legitimate goal of
ending the pandemic;
(ii) limited in duration;
(iii) clearly communicated to the
population;
(iv) subject to independent
government oversight; and
(v) implemented in a
nondiscriminatory and fully transparent
manner;
(C) governments--
(i) should not place any limits or
other restrictions on, or criminalize,
the free flow of information; and
(ii) should make all efforts to
provide and maintain open access to the
internet and other communications
platforms;
(D) emergency measures should not
discriminate against any segment of the
population, including minorities, vulnerable
individuals, and marginalized groups;
(E) monitoring systems put in place to track
and reduce the impact of the novel coronavirus
should, at a minimum--
(i) abide by privacy best practices
involving data anonymization and
aggregation;
(ii) be administered in an open and
transparent manner;
(iii) be scientifically justified and
necessary to limit the spread of
disease;
(iv) be employed for a limited
duration of time in correspondence with
the system's public health objective;
(v) be subject to independent
oversight;
(vi) incorporate reasonable data
security measures; and
(vii) be firewalled from other
commercial and governmental uses, such
as law enforcement and the enforcement
of immigration policies; and
(F) governments should take every feasible
measure to protect the administration of free
and fair elections.
(c) Report on Countering Disinformation.--Not later than 60
days after the date of the enactment of this Act, the Secretary
of State, in coordination with the Secretary of Defense and the
heads of other relevant Federal departments and agencies, shall
submit to the appropriate congressional committees a report on
all actions taken by the United States Government to counter
disinformation and disseminate accurate information abroad
related to the novel coronavirus pandemic.
(d) Report on Human Rights.--Not later than 90 days after the
date on which the World Health Organization declares that the
novel coronavirus pandemic has ended, and having consulted with
the appropriate congressional committees, the Secretary of
State, in coordination with the Secretary of Defense, shall
submit to the appropriate congressional committees a report
that--
(1) identifies the countries in which emergency
measures or other legal actions taken in response to
the novel coronavirus pandemic were inconsistent with
the principles described in subsection (b)(4) or
otherwise limited internationally recognized human
rights in a manner inconsistent with the principles of
limitation and derogation extended beyond the end of
the novel coronavirus pandemic;
(2) identifies the countries in which such measures
or actions continued beyond the end of the novel
coronavirus pandemic;
(3) for the countries identified pursuant to
paragraph (1), describes such emergency measures,
including--
(A) how such measures violated or seriously
undermined internationally recognized human
rights; and
(B) the impact of such measures on--
(i) the government's efforts and
ability to control the pandemic within
the country;
(ii) the population's access to
health care services;
(iii) the population's access to
services for survivors of violence and
abuse;
(iv) women and ethnic, religious,
sexual, and other minority, vulnerable,
or marginalized populations; and
(v) military-to-military activities,
exercises, or joint operations,
including the number and type of
bilateral and multilateral military
events, cancelled or adjusted, the type
of joint Special Security Agreement or
Security Cooperation activity, and the
reason for cancellation;
(4) describes--
(A) any surveillance measures implemented or
utilized by the governments of such countries
as part of the novel coronavirus pandemic
response;
(B) the extent to which such measures have
been, or have not been, rolled back; and
(C) whether and how such measures impact
internationally recognized human rights;
(5) indicates whether any foreign person or persons
within a country have been determined to have committed
gross violations of internationally recognized human
rights during the novel coronavirus pandemic response,
including a description of any resulting sanctions
imposed on such persons under United States law; and
(6) provides recommendations relating to the steps
the United States Government should take, through
diplomacy, foreign assistance, and security
cooperation, to address the persistent issues related
to internationally recognized human rights in the
aftermath of the novel coronavirus pandemic.
(e) Conditioning of Security Sector Assistance.--Section
502B(a)(4) of the Foreign Assistance Act of 1961 (22 U.S.C.
2304(a)(4)) is amended--
(1) in subparagraph (A), by striking ``or'' at the
end;
(2) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(3) by adding at the end the following:
``(C) has engaged in the systematic violation
of internationally recognized human rights
through the use of emergency laws, policies, or
administrative procedures.''.
(f) Department of Defense Guidance.--Not later 90 days after
the date of the enactment of this Act, the Secretary of Defense
shall issue guidance that the program of assessment,
monitoring, and evaluation in support of the security
cooperation programs and activities maintained by the
Department of Defense in accordance with section 383 of title
10, United States Code, and intelligence collections
requirements of the combatant commands shall include, for the
next five fiscal years, indicators of whether partner security
forces have taken advantage of the novel coronavirus pandemic
and public health control measures to--
(1) control, limit, or profit from the distribution
or supply of medical supplies, food, water, and other
essential goods;
(2) undermine civilian and parliamentary control or
oversight of security forces;
(3) limit ability of civilian government authorities
to execute essential functions, including civilian
policing, justice delivery, detentions, or other forms
of essential community-level government service
delivery;
(4) expand solicitation of bribes or compensation for
use of or access to key transportation nodes or
networks, including roadways and ports;
(5) take control of media distribution or otherwise
limit the exercise of freedom of the press or
distribution of radio, internet, or other broadcast
media;
(6) deepen religious or ethnic favoritism in delivery
of security, justice, or other essential government
services; or
(7) otherwise undermine or violate internationally
recognized human rights in any way determined of
concern by the Secretary.
(g) Country Reports on Human Rights Practices.--The Foreign
Assistance Act of 1961 is amended as follows:
(1) In section 116 (22 U.S.C. 2151n), by adding at
the end the following new subsection:
``(h) Human Rights Violations Due to Misuse of Emergency
Powers and Surveillance Technology.--The report required by
subsection (d) shall include, wherever applicable, a
description of any misuse by the government of any country of
any emergency powers or measures, or any development or
proliferation of any surveillance technologies, that violated
or seriously undermined internationally recognized human rights
in a manner inconsistent with the principles of limitation and
derogation, including the following information:
``(1) Any failure by the government of any country to
clearly articulate the purpose of emergency powers or
measures, or to specify the duration of such powers or
measures, or to notify the United Nations regarding the
use of such powers, as required by applicable treaty.
``(2) Any failure by the government of any country to
abide by the stated purposes of emergency powers or
measures, or to cease the use of such powers after any
specified term expires.
``(3) Any violations by the government of any country
of non-derogable rights due to the implementation of
emergency powers or measures.
``(4) Any discriminatory implementation by the
government of any country of emergency powers or
measures, the populations affected, and the impact on
such populations.
``(5) Any development or proliferation of
surveillance technologies, including new or emerging
technologies used by the government of a country in the
surveillance of civilian populations, that--
``(A) fail to abide by privacy best practices
involving data anonymization and aggregation;
``(B) are not administered in an open and
transparent manner;
``(C) are not subject to independent
oversight; and
``(D) fail to incorporate reasonable data
security measures.''.
(2) In section 502B(b) (22 U.S.C. 2304(b)), by--
(A) redesignating the second subsection (i)
(relating to child marriage) as subsection (j);
and
(B) adding at the end the following new
subsection:
``(k) Human Rights Violations Due to Misuse of Emergency
Powers and Surveillance Technology.--The report required by
subsection (b) shall include, wherever applicable, a
description of any misuse by the government of any country of
any emergency powers or measures, or any development or
proliferation of any surveillance technologies, that violated
or seriously undermined internationally recognized human rights
in a manner inconsistent with the principles of limitation and
derogation, including the following information:
``(1) Any failure by the government of any country to
clearly articulate the purpose of emergency powers or
measures, or to specify the duration of such powers or
measures, or to notify the United Nations regarding the
use of such powers, as required by applicable treaty.
``(2) Any failure by the government of any country to
abide by the stated purposes of emergency powers or
measures, or to cease the use of such powers after any
specified term expires.
``(3) Any violations by the government of any country
of non-derogable rights due to the implementation of
emergency powers or measures.
``(4) Any discriminatory implementation by the
government of any country of emergency powers or
measures, the populations affected, and the impact on
such populations.
``(5) Any development or proliferation of
surveillance technologies, including new or emerging
technologies used by the government of a country in the
surveillance of civilian populations, that--
``(A) fail to abide by privacy best practices
involving data anonymization and aggregation;
``(B) are not administered in an open and
transparent manner;
``(C) are not subject to independent
oversight; and
``(D) fail to incorporate reasonable data
security measures.''.
(h) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Committee on Appropriations
of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee
on Armed Services, and the Committee on Appropriations
of the Senate.
----------
256. An Amendment To Be Offered by Representative McGovern of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. _. REVIEW OF DEPARTMENT OF DEFENSE COMPLIANCE WITH ``PRINCIPLES
RELATED TO THE PROTECTION OF MEDICAL CARE PROVIDED
BY IMPARTIAL HUMANITARIAN ORGANIZATIONS DURING
ARMED CONFLICTS''.
(a) Statement of Congress.--Congress--
(1) affirms the importance of United States
leadership in ensuring global respect and protection
for all health care workers, vehicles and equipment,
and health care facilities, during times of armed
conflict or other situations of violence;
(2) deeply regrets that health care workers, vehicles
and equipment, health care facilities, and the sick and
wounded are too often attacked, assaulted or subjected
to violence in and outside of situations of armed
conflict, and expresses support for health care workers
around the world providing impartial care in and
outside of armed conflict;
(3) affirms support for the right to freedom of
assembly and rejects the targeting, harming, or
endangering of health care workers, vehicles or
equipment, health care facilities, or the sick and
wounded during times of civil protest or unrest; and
(4) urges the United States Government to strengthen
its global leadership role to protect health care in
armed conflict and other situations of violence, in
accordance with the Geneva Conventions of 1949 and
United Nations Security Council Resolution 2286 of May
3, 2016, through--
(A) United States diplomatic channels;
(B) appropriately leveraging United States
security cooperation to ensure that United
States military partners protect health care;
and
(C) the development of practical guidance for
the United State Armed Forces on protecting
health care in armed conflict and other
situations of violence.
(b) Statement of Policy.--It is the policy of the United
States--
(1) to ensure that Department of Defense orders and
military guidance are consistent with international
humanitarian law recognized by the United States as
binding by treaty or custom; and
(2) to encourage United States military partners to
integrate similar measures to protect health care into
the planning and conduct of operations.
(c) Review.--
(1) In general.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the appropriate congressional
committees the results of the review requested on
October 3, 2016, by then Secretary of Defense Ashton
Carter, of compliance of all relevant Department of
Defense orders, rules of engagement, directives,
regulations, policies, practices, and procedures, with
the ``Principles Related to the Protection of Medical
Care Provided by Impartial Humanitarian Organizations
During Armed Conflicts''.
(2) If review not completed.--If such review has not
been completed, the Secretary of Defense--
(A) shall complete the review in accordance
with the original request; and
(B) shall, not later than 120 days after the
date of the enactment of this Act, provide the
results of the review to the appropriate
congressional committees.
(3) Matters to be included.--Such review shall
include the following:
(A) A description of the Department of
Defense orders, rules of engagement,
directives, regulations, policies, practices,
and procedures that were reviewed, including
checkpoint practices, hospital searches,
precautions concerning attacks on health care
facilities that have lost legal protection,
treatment of the wounded and sick, or any other
guidance, and training or standard operating
procedures relating to the protection of health
care during armed conflict.
(B) An identification of any changes or
adjustments to orders, guidance, policies, or
procedures that were made as a result of such
review and a description of such changes or
adjustments.
(4) Definition.--In this subsection, the term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Armed Services of the Senate.
----------
257. An Amendment To Be Offered by Representative McGovern of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII, add the following new
section:
SEC. 7__. WOUNDED WARRIOR SERVICE DOG PROGRAM.
(a) Grants Authorized.--The Secretary of Defense shall
establish a program, to be known as the ``Wounded Warrior
Service Dog Program'', to award competitive grants to nonprofit
organizations to assist such organizations in the planning,
designing, establishing, or operating (or any combination
thereof) of programs to provide assistance dogs to covered
members and veterans. The awarding of such grants is subject to
the availability of appropriations provided for such purpose.
(b) Use of Funds.--
(1) In general.--The recipient of a grant under this
section shall use the grant to carry out programs that
provide assistance dogs to covered members and veterans
who have a disability described in paragraph (2).
(2) Disability.--A disability described in this
paragraph is any of the following:
(A) Blindness or visual impairment.
(B) Loss of use of a limb, paralysis, or
other significant mobility issues.
(C) Loss of hearing.
(D) Traumatic brain injury.
(E) Post-traumatic stress disorder.
(F) Any other disability that the Secretary
of Defense considers appropriate.
(3) Timing of award.--The Secretary may not award a
grant under this section to reimburse a recipient for
costs previously incurred by the recipient in carrying
out a program to provide assistance dogs to covered
members and veterans unless the recipient elects for
the award to be such a reimbursement.
(c) Eligibility.--To be eligible to receive a grant under
this section, a nonprofit organization shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require. Such
application shall include--
(1) a proposal for the evaluation required by
subsection (d); and
(2) a description of--
(A) the training that will be provided by the
organization to covered members and veterans;
(B) the training of dogs that will serve as
assistance dogs;
(C) the aftercare services that the
organization will provide for such dogs and
covered members and veterans;
(D) the plan for publicizing the availability
of such dogs through a targeted marketing
campaign to covered members and veterans;
(E) the recognized expertise of the
organization in breeding and training such
dogs;
(F) the commitment of the organization to
humane standards for animals; and
(G) the experience of the organization with
working with military medical treatment
facilities or medical facilities of the
Department of Veterans Affairs; and
(3) a statement certifying that the organization--
(A) is accredited by Assistance Dogs
International, the International Guide Dog
Federation, or another similar widely
recognized accreditation organization that the
Secretary determines has accreditation
standards that meet or exceed the standards of
Assistance Dogs International and the
International Guide Dog Federation; or
(B) is a candidate for such accreditation or
otherwise meets or exceeds such standards, as
determined by the Secretary.
(d) Evaluation.--The Secretary shall require each recipient
of a grant to use a portion of the funds made available through
the grant to conduct an evaluation of the effectiveness of the
activities carried out through the grant by such recipient.
(e) Coordination.--The Secretary of Defense shall coordinate
with the Secretary of Veterans Affairs in awarding grants under
this section.
(f) Definitions.--In this section:
(1) Assistance dog.--The term ``assistance dog''
means a dog specifically trained to perform physical
tasks to mitigate the effects of a disability described
in subsection (b)(2), except that the term does not
include a dog specifically trained for comfort or
personal defense.
(2) Covered members and veterans.--The term ``covered
members and veterans'' means--
(A) with respect to a member of the Armed
Forces, such member who is--
(i) receiving medical treatment,
recuperation, or therapy under chapter
55 of title 10, United States Code;
(ii) in medical hold or medical
holdover status; or
(iii) covered under section 1202 or
1205 of title 10, United States Code;
and
(B) with respect to a veteran, a veteran who
is enrolled in the health care system
established under section 1705(a) of title 38,
United States Code.
----------
258. An Amendment To Be Offered by Representative McGovern of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title XII, add the following:
SEC. _. PROHIBITION ON COMMERCIAL EXPORT OF COVERED DEFENSE ARTICLES
AND SERVICES AND COVERED MUNITIONS ITEMS TO THE
HONG KONG POLICE.
(a) In General.--Except as provided in subsection (b), the
President shall prohibit the issuance of licenses to export
covered defense articles and services and covered munitions
items to the Hong Kong Police.
(b) Waiver.--The prohibition under subsection (a) shall not
apply to the issuance of a license with respect to which the
President submits to the appropriate congressional committees a
written certification that the exports to be covered by such
license are important to the national interests and foreign
policy goals of the United States, including a description of
the manner in which such exports will promote such interests
and goals.
(c) Termination.--The prohibition under subsection (a) shall
terminate on the date on which the President certifies to the
appropriate congressional committees that--
(1) the Hong Kong Police have not engaged in gross
violations of human rights during the 1-year period
ending on the date of such certification; and
(2) there has been an independent examination of
human rights concerns related to the crowd control
tactics of the Hong Kong Police and the Government of
the Hong Kong Special Administrative Region has
adequately addressed those concerns.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the
House of Representatives;
(B) the Committee on Foreign Relations of the
Senate; and
(C) the Committee on Banking, Housing, and
Urban Affairs of the Senate.
(2) Covered defense articles and services.--The term
``covered defense articles and services'' means defense
articles and defense services designated by the
President under section 38(a)(1) of the Arms Export
Control Act (22 U.S.C. 2778(a)(1)).
(3) Covered munitions items.--The term ``covered
munitions items'' means--
(A) items controlled under section 742.7 of
part 742 of subtitle B of title 15, Code of
Federal Regulations (relating to crime control
and detection instruments and equipment and
related technology and software); and
(B) items listed under the ``600 series'' of
the Commerce Control List contained in
Supplement No. 1 to part 774 of subtitle B of
title 15, Code of Federal Regulations.
(4) Hong kong.--The term ``Hong Kong'' has the
meaning given such term in section 3 of the United
States-Hong Kong Policy Act of 1992 (22 U.S.C. 5702).
(5) Hong kong police.--The term ``Hong Kong Police''
means--
(A) the Hong Kong Police Force; and
(B) the Hong Kong Auxiliary Police Force.
----------
259. An Amendment To Be Offered by Representative McGovern of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. _. PROMOTING HUMAN RIGHTS IN COLOMBIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States recognizes Colombia as a key
regional partner committed to promoting democracy,
human rights, and security and remains committed to
supporting areas of mutual interest outlined under Plan
Colombia;
(2) no military or intelligence equipment or supplies
transferred or sold to the Government of Colombia under
United States security sector assistance programs
should be used for purposes of unlawful surveillance or
intelligence gathering directed at the civilian
population, including human rights defenders, judicial
personnel, journalists or the political opposition;
(3) the United States should encourage accountability
through full and transparent investigation, as
appropriate, and prosecution under applicable law of
individuals in Colombia responsible for conducting
unlawful surveillance or intelligence gathering;
(4) the United States, through its diplomacy, foreign
assistance, and United States security sector
assistance programs, should consistently and at all
times promote the protection of internationally-
recognized human rights in Colombia, including by
incentivizing the Colombian Government, its military,
police, security, and intelligence units, to abide by
their human rights obligations.
(b) Report.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of
State, in coordination with the Secretary of Defense
and the Director of National Intelligence, shall submit
to the appropriate congressional committees a report
that assesses allegations that United States security
sector assistance provided to the Government of
Colombia was used by or on behalf of the Government of
Colombia for purposes of unlawful surveillance or
intelligence gathering directed at the civilian
population, including human rights defenders, judicial
personnel, journalists, and the political opposition.
(2) Matters to be included.--The report required by
this subsection shall include the following:
(A) A detailed summary of findings in regard
to any involvement by Colombian military,
police, security, or intelligence units in
unlawful surveillance or intelligence gathering
directed at sectors of the civilian population
and non-combatants from 2002 through 2018.
(B) Any findings in regard to any unlawful
surveillance or intelligence gathering alleged
or reported to have been carried out by
Colombian military, police, security, or
intelligence units in 2019 and 2020 and an
assessment of the full extent of such
activities, including identification of units
involved, relevant chains of command, and the
nature and objectives of such surveillance or
intelligence gathering.
(C) A detailed description of any use of
United States security sector assistance for
such unlawful surveillance or intelligence
gathering.
(D) Full information on the steps taken by
the Department of State, the Department of
Defense, or the Office of the Director of
National Intelligence in response to any misuse
or credible allegations of misuse of United
States security sector assistance, including--
(i) any application of section 620M
of the Foreign Assistance Act of 1961
(22 U.S.C. 2378d) or section 362 of
title 10, United States Code (commonly
referred to as the ``Leahy Laws'');
(ii) any consideration of the
implementation of mandatory ``snap-
back'' of United States security
assistance found to have been employed
by the Colombian Government or any
dependency thereof for such unlawful
surveillance or intelligence gathering;
(iii) a description of measures taken
to ensure that such misuse does not
recur in the future.
(E) Full information on the steps taken by
the Colombian Government and all relevant
Colombian authorities in response to any misuse
or credible allegations of misuse of United
States security sector assistance, including a
description of measures taken to ensure that
such misuse of military or intelligence
equipment or supplies does not recur in the
future.
(F) An analysis of the adequacy of Colombian
military and security doctrine and training for
ensuring that surveillance and intelligence
gathering operations are conducted in
accordance with the Government of Colombia's
international human rights obligations and any
additional assistance and training that the
United States can provide to strengthen
adherence by Colombian military and security
forces to international human rights
obligations.
(3) Form.--The report required by this subsection
shall be submitted in unclassified form, but may
include a classified annex.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the
Committee on Armed Services, and the Permanent
Select Committee on Intelligence of the House
of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Armed Services, and the Select
Committee on Intelligence of the Senate.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section
3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4)).
(3) United states security sector assistance.--The
term ``United States security sector assistance'' means
a program authorized under--
(A) section 502B of the Foreign Assistance
Act of 1961 (22 U.S.C. 2304) and administered
by the Department of State;
(B) section 301 of title 10, United States
Code, or any national defense authorization Act
and administered by the Department of Defense;
or
(C) any law administered by the intelligence
community.
(4) Unlawful surveillance or intelligence
gathering.--The term ``unlawful surveillance or
intelligence gathering'' means surveillance or
intelligence gathering--
(A) prohibited under applicable Colombian law
or international law recognized by Colombia;
(B) undertaken without legally required
judicial oversight, warrant or order; or
(C) undertaken in violation of
internationally recognized human rights.
----------
260. An Amendment To Be Offered by Representative McKinley of West
Virginia or His Designee, Debatable for 10 Minutes
At the end subtitle B of title V, add the following:
SEC. 519. REPORT REGARDING NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
Not later than December 31, 2021, the Secretary of Defense
shall submit a report to the congressional defense committees
regarding the resources and authorities the Secretary
determines necessary to identify the effects of the National
Guard Youth Challenge Program on graduates of that program
during the five years immediately preceding the date of the
report. Such resources shall include the costs of identifying
such effects beyond the 12-month, post-residential mentoring
period of that program.
----------
261. An Amendment To Be Offered by Representative McKinley of West
Virginia or His Designee, Debatable for 10 Minutes
At the end of subtitle C title VIII, add the following new
section:
SEC. 8__. REPORT ON PARTNERSHIPS FOR RARE EARTH MATERIAL SUPPLY CHAIN
SECURITY.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report that--
(1) assesses the ability of the Department of Defense
to facilitate partnerships with institutions of higher
education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)) that receive
grants for the purpose of enhancing the security and
stability of supply chain for domestic rare earth
materials for the National Defense Stockpile; and
(2) identifies barriers to such partnerships; and
(3) provides recommendations as to how the Secretary
of Defense may improve these partnerships.
----------
262. An Amendment To Be Offered by Representative Meeks of New York or
His Designee, Debatable for 10 Minutes
Add at the end the following:
DIVISION F--IMPROVING CORPORATE GOVERNANCE THROUGH DIVERSITY
SEC. 6001. SHORT TITLE.
This division may be cited as the ``Improving Corporate
Governance Through Diversity Act of 2020''.
SEC. 6002. SUBMISSION OF DATA RELATING TO DIVERSITY BY ISSUERS.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C.
78m) is amended by adding at the end the following:
``(s) Submission of Data Relating to Diversity.--
``(1) Definitions.--In this subsection--
``(A) the term `executive officer' has the
meaning given the term in section 230.501(f) of
title 17, Code of Federal Regulations, as in
effect on the date of enactment of this
subsection; and
``(B) the term `veteran' has the meaning
given the term in section 101 of title 38,
United States Code.
``(2) Submission of disclosure.--Each issuer required
to file an annual report under subsection (a) shall
disclose in any proxy statement and any information
statement relating to the election of directors filed
with the Commission the following:
``(A) Data, based on voluntary self-
identification, on the racial, ethnic, and
gender composition of--
``(i) the board of directors of the
issuer;
``(ii) nominees for the board of
directors of the issuer; and
``(iii) the executive officers of the
issuer.
``(B) The status of any member of the board
of directors of the issuer, any nominee for the
board of directors of the issuer, or any
executive officer of the issuer, based on
voluntary self-identification, as a veteran.
``(C) Whether the board of directors of the
issuer, or any committee of that board of
directors, has, as of the date on which the
issuer makes a disclosure under this paragraph,
adopted any policy, plan, or strategy to
promote racial, ethnic, and gender diversity
among--
``(i) the board of directors of the
issuer;
``(ii) nominees for the board of
directors of the issuer; or
``(iii) the executive officers of the
issuer.
``(3) Alternative submission.--In any 1-year period
in which an issuer required to file an annual report
under subsection (a) does not file with the Commission
a proxy statement relating to the election of directors
or an information statement, the issuer shall disclose
the information required under paragraph (2) in the
first annual report of issuer that the issuer submits
to the Commission after the end of that 1-year period.
``(4) Annual report.--Not later than 18 months after
the date of the enactment of this subsection, and
annually thereafter, the Commission shall submit to the
Committee on Financial Services of the House of
Representatives and to the Committee on Banking,
Housing, and Urban Affairs of the Senate and publish on
the website of the Commission a report that analyzes
the information disclosed pursuant to paragraphs (1),
(2), and (3) and identifies any trends in such
information.
``(5) Best practices.--
``(A) In general.--The Director of the Office
of Minority and Women Inclusion of the
Commission shall, not later than the end of the
3-year period beginning on the date of the
enactment of this subsection and every three
years thereafter, publish best practices for
compliance with this subsection.
``(B) Comments.--The Director of the Office
of Minority and Women Inclusion of the
Commission may, pursuant to subchapter II of
chapter 5 of title 5, United States Code,
solicit public comments related to the best
practices published under subparagraph (A).''.
SEC. 6003. DIVERSITY ADVISORY GROUP.
(a) Establishment.--The Securities and Exchange Commission
shall establish a Diversity Advisory Group (the ``Advisory
Group''), which shall be composed of representatives from the
government, academia, and the private sector.
(b) Study and Recommendations.--The Advisory Group shall--
(1) carry out a study that identifies strategies that
can be used to increase gender, racial, and ethnic
diversity among members of boards of directors of
issuers; and
(2) not later than 9 months after the establishment
of the Advisory Group, submit a report to the
Commission, the Committee on Financial Services of the
House of Representatives, and the Committee on Banking,
Housing, and Urban Affairs of the Senate that--
(A) describes any findings from the study
conducted pursuant to paragraph (1); and
(B) makes recommendations of strategies that
issuers could use to increase gender, racial,
and ethnic diversity among board members.
(c) Annual Report.--Not later than 1 year following the
submission of a report pursuant to subsection (b), and annually
thereafter, the Commission shall submit a report to the
Committee on Financial Services of the House of Representatives
and the Committee on Banking, Housing, and Urban Affairs of the
Senate that describes the status of gender, racial, and ethnic
diversity among members of the board of directors of issuers.
(d) Public Availability of Reports.--The Commission shall
make all reports of the Advisory Group available to issuers and
the public, including on the website of the Commission.
(e) Definitions.--For the purposes of this section:
(1) Issuer.--The term ``issuer'' has the meaning
given the term in section 3 of the Securities Exchange
Act of 1934.
(2) Commission.--The term ``Commission'' means the
Securities and Exchange Commission.
----------
263. An Amendment To Be Offered by Representative Meeks of New York or
His Designee, Debatable for 10 Minutes
In subtitle E of title XVII, add at the end the following:
SEC. __. STUDY AND ESTABLISHMENT OF THE ASSISTANT DEPUTY SECRETARY FOR
ENVIRONMENT AND RESILIENCE.
(a) Study.--
(1) In general.--The Secretary of Defense shall carry
out a study on the creation of a position of Assistant
Deputy Secretary for Environment and Resilience, which
would broaden the responsibilities and authorities of
the Deputy Assistant Secretary for Environment. The
Secretary shall determine the scope of duties for this
position by evaluating which defense activities outside
of sustainment are impacted by the threat of
anticipated or unanticipated changes in environmental
conditions, or extreme weather events. The Secretary
shall also consider whether the position of Assistant
Deputy Secretary for Environment and Resilience
should--
(A) update and execute on the Department of
Defense's 2014 Climate Change Adaptation
Roadmap;
(B) collaborate with other Assistant Deputy
Secretaries of Defense and Assistant
Secretaries of Defense to develop
recommendations on how to factor climate risks
into Department of Defense policies; and
(C) undertake such other duties related to
environmental resilience as the Secretary may
determine appropriate.
(2) Report to congress.--Not later than the end of
the 60-day period beginning on the date of enactment of
this Act, the Secretary shall issue a report to the
Congress containing all findings and determinations
made in carrying out the study required under paragraph
(1).
(b) Establishment.--After issuing the report required under
subsection (a), the Secretary shall establish the position of
Assistant Deputy Secretary for Environment and Resilience and
delegate such duties to the position as the Secretary
determines appropriate, taking into account the results of the
study required under subsection (a).
(c) Annual Report.--The Assistant Deputy Secretary for
Environment and Resilience shall issue an annual report to the
Secretary of Defense and the Congress containing a description
of the actions taken by the Assistant Deputy Secretary during
the previous year.
----------
264. An Amendment To Be Offered by Representative Meng of New York or
Her Designee, Debatable for 10 Minutes
Page 813, after line 21, insert the following:
(5) the United States should work with the
Governments of South Korea and Japan respectively to
reach fair and equitable Special Measures Agreements
that reflect the critical security relationships
between both countries and the United States;
----------
265. An Amendment To Be Offered by Representative Meng of New York or
Her Designee, Debatable for 10 Minutes
Page 446, line 9, strike ``participation in the'' and insert
``(including English language learners) participation in the
recruitment,''.
----------
266. An Amendment To Be Offered by Representative Meng of New York or
Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title V, insert the following:
SEC. 5__. PERMANENT SUICIDE PREVENTION AND RESILIENCE PROGRAM FOR THE
RESERVE COMPONENTS.
Section 10219 of title 10, United States Code, is amended by
striking subsection (h).
----------
267. An Amendment To Be Offered by Representative Meng of New York or
Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, add the following new
section:
SEC. 724. PROVISION OF INFORMATION REGARDING COVID-19 IN MULTIPLE
LANGUAGES.
(a) Translation of Materials.--The Secretary of Defense
shall--
(1) translate any written material of the Department
of Defense prepared in the English language for the
general public relating to the COVID-19 pandemic into
the languages specified in subsection (b) by not later
than seven days after the date on which such material
is made available; and
(2) make such translated written material available
to the public.
(b) Languages Specified.--The languages specified in this
subsection are the following:
(1) Arabic.
(2) Cambodian.
(3) Chinese.
(4) French.
(5) Greek.
(6) Haitian Creole.
(7) Hindi.
(8) Italian.
(9) Japanese.
(10) Korean.
(11) Laotian.
(12) Polish.
(13) Portuguese.
(14) Russian.
(15) Spanish.
(16) Tagalog.
(17) Thai.
(18) Urdu.
(19) Vietnamese.
(c) Definition of COVID-19 Pandemic.--In this section, the
term ``COVID-19 pandemic'' means the public health emergency
declared by the Secretary of Health and Human Services pursuant
to section 319 of the Public Health Service Act on January 31,
2020, entitled ``Determination that a Public Health Emergency
Exists Nationwide as the Result of the 2019 Novel
Coronavirus''.
----------
268. An Amendment To Be Offered by Representative Mitchell of Michigan
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle G of title XII the following:
SEC. 12__. WAIVER OF PASSPORT FEES FOR CERTAIN INDIVIDUALS.
Section 1 of the Passport Act of June 4, 1920 (22 U.S.C. 214)
is amended, in the third sentence, by inserting ``from a family
member of a member of the uniformed services proceeding abroad
whose travel and transportation is provided under section 481h
of title 37, United States Code;'' after ``funeral or memorial
service for such member;''.
----------
269. An Amendment To Be Offered by Representative Moore of Wisconsin or
Her Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII, add the following:
SEC. 74_. SENSE OF CONGRESS REGARDING MATERNAL MORTALITY REVIEW.
It is the sense of Congress that--
(1) maternal Mortality, and the racial disparities in
the rates of pregnancy-related deaths in our country,
presents a challenge to our Nation that requires a
strong and uniform response across all parts of our
society, including the military;
(2) the Defense Department should be acknowledged for
the efforts it has begun to address concerns about
maternal mortality and severe morbidity among service
members and dependents;
(3) State maternal mortality review committees, which
involve a multidisciplinary group of experts including
physicians, epidemiologists, and others, have made
significant advancements in identifying,
characterizing, and providing a deeper understanding of
the circumstances surrounding each maternal death,
which can be helpful in designing effective public
health responses to prevent future such deaths;
(4) key to the work of such review committees is
transparent, consistent, and comprehensive data
collection regarding maternal deaths, the use of
effective methods to ensure confidentiality protections
and de-identification of any information specific to a
reviewed case, information sharing with relevant
stakeholders including access to the CDC's National
Death Index data and State death certificate data;
(5) the Defense Department is encouraged to continue
to work to establish a maternal mortality review
committee which would conduct reviews of each death of
a service member or dependent during pregnancy or
childbirth involving a multidisciplinary group of
experts including physicians, epidemiologists, patient
advocates, civilians with experience with maternal
mortality review committees and reviews of maternal
mortality records, and other experts;
(6) the Department should keep Congress regularly
updated and informed, through reports and briefings on
its efforts to set up the committee referenced in
paragraph (5), any barriers to establishing such
committee, and its overall efforts to address maternal
mortality among service members and dependents,
including its efforts to participate in the Alliance
for Innovation on Maternal program or similar maternal
health quality improvement initiatives.
----------
270. An Amendment To Be Offered by Representative Moulton of
Massachusetts or His Designee, Debatable for 10 Minutes
Page 70, line 12, strike ``and'' at the end.
Page 70, after line 12, insert the following new paragraph:
``(7) to leverage commercial software platforms and
databases that enable the Department of Defense to--
``(A) source and map user problems to markets
and suppliers across venture capital,
government innovation, and technology
portfolios;
``(B) collaboratively identify potential
companies and technologies that can solve
unclassified and classified Department of
Defense user problems;
``(C) integrate expertise from the venture
capital community and private sector subject
matter experts;
``(D) evaluate companies and solutions
against existing datasets for cyber and foreign
ownership risk; and
``(E) access commercial technologies through
an accredited and cloud-based development
environment, consistent with Department
standards; and''.
Page 70, line 13, strike ``(7)'' and insert ``(8)''.
----------
271. An Amendment To Be Offered by Representative Moulton of
Massachusetts or His Designee, Debatable for 10 Minutes
Add at the end of subtitle A of title XVII the following:
SEC. 17__. INDEPENDENT STUDY ON IDENTIFYING AND ADDRESSING THREATS THAT
INDIVIDUALLY OR COLLECTIVELY AFFECT NATIONAL
SECURITY, FINANCIAL SECURITY, OR BOTH.
(a) Independent Study.--Not later than 30 days after the date
of the enactment of this Act, the Director of National
Intelligence, in coordination with the Secretary of the
Treasury in the Secretary's capacity as the Chair of the
Financial Stability Oversight Council and the heads of other
relevant departments and agencies, shall seek to enter into a
contract with a federally funded research and development
center under which the center will conduct a study on
identifying and addressing threats that individually or
collectively affect national security, financial security, or
both.
(b) Elements of Study.--In carrying out the study referred to
in subsection (a), the selected Federally funded research and
development center shall be contractually obligated to --
(1) identify threats that individually or
collectively affect national security, financial
security, or both, including--
(A) foreign entities and governments
acquiring financial interests in domestic
companies that have access to critical or
sensitive national security materials,
technologies, or information;
(B) other currencies being used in lieu of
the United States Dollar in international
transactions;
(C) foreign influence in companies seeking to
access capital markets by conducting initial
public offerings in other countries;
(D) the use of financial instruments,
markets, payment systems, or digital assets in
ways that appear legitimate but may be part of
a foreign malign strategy to weaken or
undermine the economic security of the United
States;
(E) the use of entities, such as
corporations, companies, limited liability
companies, limited partnerships, business
trusts, business associations, or other similar
entities to obscure or hide the foreign
beneficial owner of such entities; and
(F) any other known or potential threats that
individually or collectively affect national
security, financial security, or both currently
or in the foreseeable future.
(2) assess the extent to which the United States
Government is currently able to identify and
characterize the threats identified under paragraph
(1);
(3) assess the extent to which the United States
Government is currently able to mitigate the risk posed
by the threats identified under paragraph (1);
(4) assess whether current levels of information
sharing and cooperation between the United States
Government and allies and partners has been helpful or
can be improved upon in order for the United States
Government to identify, characterize, and mitigate the
threats identified under paragraph (1); and
(5) recommend opportunities, and any such authorities
or resources required, to improve the efficiency and
effectiveness of the United States Government in
identifying the threats identified under paragraph (1)
and mitigating the risk posed by such threats.
(c) Submission to Director of National Intelligence.--Not
later than 180 days after the date of the enactment of this
Act, the federally funded research and development center
selected to conduct the study under subsection (a) shall submit
to the Director of National Intelligence a report on the
results of the study in both classified and unclassified form.
(d) Submission to Congress.--
(1) In general.--Not later than 30 days after the
date on which the Director of National Intelligence
receives the report under subsection (c), the Director
shall submit to the appropriate committees of Congress
an unaltered copy of the report in both classified and
unclassified form, and such comments as the Director,
in coordination with the Secretary of Treasury in his
capacity as the Chair of the Financial Stability
Oversight Council and the heads of other relevant
departments and agencies, may have with respect to the
report.
(2) Appropriate committees of congress.--In this
subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Armed Services, the
Select Committee on Intelligence, and the
Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations,
and the Committee on Appropriations of the
Senate; and
(B) the Committee on Armed Services, the
Permanent Select Committee on Intelligence, and
the Committee on Financial Services, the
Committee on Foreign Affairs, and the Committee
on Appropriations of the House of
Representatives.
----------
272. An Amendment To Be Offered by Representative Murphy of North
Carolina or His Designee, Debatable for 10 Minutes
At the end of title XXVIII, add the following new section:
SEC. 28__. RESPONSIBILITY OF NAVY FOR MILITARY CONSTRUCTION
REQUIREMENTS FOR CERTAIN FLEET READINESS CENTERS.
The Navy shall be responsible for programming, requesting,
and executing any military construction requirements related to
any Fleet Readiness Center that is a tenant command at a Marine
Corps installation.
----------
273. An Amendment To Be Offered by Representative Murphy of Florida or
Her Designee, Debatable for 10 Minutes
Page 872, after line 9, add the following new section:
SEC. 1273. REPORT ON VENEZUELA.
(a) Report Required.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of State and the
Secretary of Defense shall submit to the appropriate
congressional committees a report regarding the political,
economic, health, and humanitarian crisis in Venezuela, and its
implications for United States national security and regional
security and stability.
(b) Elements of Report.--The report required by subsection
(a) shall include, at a minimum, the following:
(1) An assessment of how the multifaceted crisis in
Venezuela and the resulting migration of millions of
citizens from Venezuela to neighboring countries,
including Brazil, Colombia, Ecuador, and Peru, affects
regional security and stability.
(2) An assessment of whether, and to what degree, the
situation in Venezuela has affected drug trafficking
trends in the region, including by creating a more
permissive environment in Venezuela for drug
trafficking organizations and other criminal actors to
operate.
(3) An assessment of the influence of external actors
in Venezuela, including the Government of the People's
Republic of China, the Government of Cuba, the
Government of Iran, and the Government of the Russian
Federation.
(4) An assessment of how, and to what degree, the
COVID-19 pandemic in Venezuela has affected, or is
likely to affect, the health and humanitarian situation
in Venezuela and regional security and stability.
(5) Any other matters the Secretary of State or
Secretary of Defense determines should be included.
(c) Form.--The report required by subsection (a) shall be
submitted in both classified and unclassified form.
(d) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives;
(2) the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives;
(3) the Subcommittee on State, Foreign Operations,
and Related Programs of the Committee on Appropriations
of the Senate and the Subcommittee on State, Foreign
Operations, and Related Programs of the Committee on
Appropriations of the House of Representatives; and
(4) the Subcommittee on Defense of the Committee on
Appropriations of the Senate and the Subcommittee on
Defense of the Committee on Appropriations of the House
of Representatives.
----------
274. An Amendment To Be Offered by Representative Norman of South
Carolina or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XV, add the following:
SEC. 15__. REPORT ON TRANSITIONING FUNDING.
The Secretary of Defense shall include, in the materials
submitted in support of the budget of the President (submitted
to Congress pursuant to section 1105 of title 31, United States
Code) for fiscal year 2022--
(1) a description of each program funded in fiscal
year 2021 using amounts authorized to be appropriated
for overseas contingency operations under this title;
(2) the manner and extent to which the Secretary
plans to shift the funding of each such program in the
ensuing fiscal years to use amounts authorized to be
appropriated other than for overseas contingency
operations being carried out by the Armed Forces,
disaggregated by fiscal year; and
(3) a plan to return all overseas contingency
operations funding to the base budget, as appropriate,
in accordance with the future-years defense plan set
forth in the budget of the President for fiscal year
2021.
----------
275. An Amendment To Be Offered by Representative Norman of South
Carolina or His Designee, Debatable for 10 Minutes
Page 1455, after line 25, insert the following:
SEC. 5502. DEPARTMENT OF ENERGY VETERANS' HEALTH INITIATIVE.
(a) Definitions.--In this section:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) National laboratory.--The term ``National
Laboratory'' has the meaning given that term in section
2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
(3) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
(b) Purposes.--The purposes of this section are to advance
Department of Energy expertise in artificial intelligence and
high-performance computing in order to improve health outcomes
for veteran populations by--
(1) supporting basic research through the application
of artificial intelligence, high-performance computing,
modeling and simulation, machine learning, and large-
scale data analytics to identify and solve outcome-
defined challenges in the health sciences;
(2) maximizing the impact of the Department of
Veterans Affairs' health and genomics data housed at
the National Laboratories, as well as data from other
sources, on science, innovation, and health care
outcomes through the use and advancement of artificial
intelligence and high-performance computing
capabilities of the Department of Energy;
(3) promoting collaborative research through the
establishment of partnerships to improve data sharing
between Federal agencies, National Laboratories,
institutions of higher education, and nonprofit
institutions;
(4) establishing multiple scientific computing user
facilities to house and provision available data to
foster transformational outcomes; and
(5) driving the development of technology to improve
artificial intelligence, high-performance computing,
and networking relevant to mission applications of the
Department of Energy, including modeling, simulation,
machine learning, and advanced data analytics.
(c) Department of Energy Veterans Health Research and
Development.--
(1) In general.--The Secretary shall establish and
carry out a research program in artificial intelligence
and high-performance computing, focused on the
development of tools to solve big data challenges
associated with veteran's healthcare, and to support
the efforts of the Department of Veterans Affairs to
identify potential health risks and challenges
utilizing data on long-term healthcare, health risks,
and genomic data collected from veteran populations.
The Secretary shall carry out this program through a
competitive, merit-reviewed process, and consider
applications from National Laboratories, institutions
of higher education, multi-institutional
collaborations, and other appropriate entities.
(2) Program components.--In carrying out the program
established under paragraph (1), the Secretary may--
(A) conduct basic research in modeling and
simulation, machine learning, large-scale data
analytics, and predictive analysis in order to
develop novel or optimized algorithms for
prediction of disease treatment and recovery;
(B) develop methods to accommodate large data
sets with variable quality and scale, and to
provide insight and models for complex systems;
(C) develop new approaches and maximize the
use of algorithms developed through artificial
intelligence, machine learning, data analytics,
natural language processing, modeling and
simulation, and develop new algorithms suitable
for high-performance computing systems and
large biomedical data sets;
(D) advance existing and construct new data
enclaves capable of securely storing data sets
provided by the Department of Veterans Affairs,
Department of Defense, and other sources; and
(E) promote collaboration and data sharing
between National Laboratories, research
entities, and user facilities of the Department
by providing the necessary access and secure
data transfer capabilities.
(3) Coordination.--In carrying out the program
required under paragraph (1), the Secretary is
authorized to--
(A) enter into memoranda of understanding in
order to carry out reimbursable agreements with
the Department of Veterans Affairs and other
entities in order to maximize the effectiveness
of Department of Energy research and
development to improve veterans' healthcare;
(B) consult with the Department of Veterans
Affairs and other Federal agencies as
appropriate; and
(C) ensure that data storage meets all
privacy and security requirements established
by the Department of Veterans Affairs, and that
access to data is provided in accordance with
relevant Department of Veterans Affairs data
access policies, including informed consent.
(4) Report.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall submit
to the Committee on Science, Space, and Technology and
the Committee on Veterans' Affairs of the House of
Representatives, and the Committee on Energy and
Natural Resources and the Committee on Veterans'
Affairs of the Senate, a report detailing the
effectiveness of--
(A) the interagency coordination between each
Federal agency involved in the research program
carried out under this subsection;
(B) collaborative research achievements of
the program; and
(C) potential opportunities to expand the
technical capabilities of the Department.
(5) Funding.--There are authorized to be appropriated
to the Secretary of Veterans Affairs to carry out this
section $5,400,000 for fiscal year 2021.
(d) Interagency Collaboration.--
(1) In general.--The Secretary is authorized to carry
out research, development, and demonstration activities
to develop tools to apply to big data that enable
Federal agencies, institutions of higher education,
nonprofit research organizations, and industry to
better leverage the capabilities of the Department to
solve complex, big data challenges. The Secretary shall
carry out these activities through a competitive,
merit-reviewed process, and consider applications from
National Laboratories, institutions of higher
education, multi-institutional collaborations, and
other appropriate entities.
(2) Activities.--In carrying out the research,
development, and demonstration activities authorized
under paragraph (1), the Secretary may--
(A) utilize all available mechanisms to
prevent duplication and coordinate research
efforts across the Department;
(B) establish multiple user facilities to
serve as data enclaves capable of securely
storing data sets created by Federal agencies,
institutions of higher education, nonprofit
organizations, or industry at National
Laboratories; and
(C) promote collaboration and data sharing
between National Laboratories, research
entities, and user facilities of the Department
by providing the necessary access and secure
data transfer capabilities.
(3) Report.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall submit
to the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report
evaluating the effectiveness of the activities
authorized under paragraph (1).
(4) Funding.--There are authorized to be appropriated
to the Secretary of Energy to carry out paragraph (1)
$15,000,000 for fiscal year 2021.
----------
276. An Amendment To Be Offered by Representative Norton of District of
Columbia or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title II, add the following new
section:
SEC. 2__. REPORT ON CERTAIN AWARDS BY THE AIR FORCE UNDER THE SMALL
BUSINESS INNOVATION RESEARCH PROGRAM AND THE SMALL
BUSINESS TECHNOLOGY TRANSFER PROGRAM.
The Assistant Secretary of the Air Force for Acquisition
Technology and Logistics shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a
report containing a list of all selections made by the
Assistant Secretary during the preceding five-year period under
the Small Business Innovation Research Program or the Small
Business Technology Transfer Program (as defined under section
9(e) of the Small Business Act (15 U.S.C. 638(e)) that were not
followed with funding awards. The report shall include, for
each such selection--
(1) the name and contact information of the company
selected; and
(2) the reason the funding award did not follow the
selection.
----------
277. An Amendment To Be Offered by Representative Ocasio-Cortez of New
York or Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. 12__. PROHIBITION ON USE OF FUNDS FOR AERIAL FUMIGATION.
None of the amounts authorized to be appropriated or
otherwise made available by this Act may be made available to
directly conduct aerial fumigation in Colombia unless there are
demonstrated actions by the Government of Colombia to adhere to
national and local laws and regulations.
----------
278. An Amendment To Be Offered by Representative Olson of Texas or His
Designee, Debatable for 10 Minutes
At the end of subtitle G, add the following:
SEC. _. REPORT ON SUPPORT FOR DEMOCRATIC REFORMS BY THE GOVERNMENT OF
THE REPUBLIC OF GEORGIA.
(a) Sense of Congress.--It is the sense of Congress that the
United States should--
(1) support the Government of the Republic of
Georgia's continued development of democratic values,
path to electoral reform, commitment to combating
corruption, and efforts to ensure the Georgian private
sector upholds internationally recognized standards,
including welcoming and protecting foreign direct
investment; and
(2) continue to work closely with the Government of
Georgia on defense and security cooperation to include
increasing Georgia's defense capabilities,
interoperability with partner nations, adherence to the
rules of war, and strengthening of defense
institutions.
(b) Report Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
that contains--
(1) an analysis of whether or not the Government of
Georgia is taking effective steps to strengthen
democratic institutions in Georgia; and
(2) an analysis of whether or not the Government of
Georgia is--
(A) effectively implementing electoral
reform;
(B) respecting the independence of the
judiciary, including independence from
legislative or executive interference;
(C) effectively implementing the necessary
policies to ensure accountability and
transparency, including unfettered access to
public information;
(D) protecting the rights of civil society,
opposition political parties, and the
independence of the media; and
(E) any other matters the Secretary
determines to be appropriate.
----------
279. An Amendment To Be Offered by Representative Olson of Texas or His
Designee, Debatable for 10 Minutes
Page 1398, line 2, insert ``carried out under the
Initiative'' after ``activities''.
Page 1400, beginning line 20, redesignate paragraphs (18) and
(19) as paragraphs (20) and (21).
Page 1400, after line 19, insert ``(18) the Privacy and Civil
Liberties Oversight Board;''.
Page 1403, line 5, strike ``and'' at the end.
Page 1403, line 9, insert ``and'' at the end.
Page 1403, after line 9, insert the following:
(xi) protect the privacy rights and
civil liberties of individuals;
Page 1406, after line 5, insert the following:
(4) the workforce of the United States, 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;
(5) how to leverage the resources of the initiative
to streamline operations in various areas of government
operations, including health care, cybersecurity,
infrastructure, and disaster recovery;
Page 1406, beginning line 6, redesignate paragraphs (4)
through (9) as paragraphs (6) through (11), respectively.
Page 1406, line 17, strike ``and'' at the end.
Page 1406, line 20, strike the period at the end and insert
``; and''.
Page 1406, after line 20, insert the following:
(12) how artificial intelligence can enhance
opportunities for diverse geographic regions of the
United States, including urban and rural communities.
Page 1408, lines 17 through 24, redesignate paragraphs (3)
and (4) as paragraphs (4) and (5), respectively.
Page 1408, after line 16, insert the following:
(3) opportunities for artificial intelligence to
increase the labor force participation of traditionally
underrepresented populations, including minorities,
low-income populations, and persons with disabilities;
Page 1408, line 24, strike ``and (3)'' and insert ``(3), and
(4)''.
----------
280. An Amendment To Be Offered by Representative Omar of Minnesota or
Her Designee, Debatable for 10 Minutes
Page 861, after line 10, insert the following:
(L) An assessment of how the frequency of air
strikes could change as a result of such
reduction.
(M) An assessment of the commitment of
partner security forces in the AFRICOM AOR to
address gross violations of internationally
recognized human rights and uphold
international humanitarian law, and the impact
such reduction could have on such commitment.
----------
281. An Amendment To Be Offered by Representative Pallone Jr. of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XII, add the following:
SEC. _. REPORT ON HUMAN RIGHTS AND BUILDING PARTNER CAPACITY PROGRAMS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report identifying units
of national security forces of foreign countries that--
(1) have participated in programs under the authority
of section 333 of title 10, United States Code, during
any of fiscal years 2017 through 2020; and
(2) are subject to United States sanctions relating
to gross violations of internationally recognized human
rights under any other provision of law, including as
described in the annual Department of State's Country
Reports on Human Rights Practices.
(b) Matters to Be Included.--The report required by
subsection (a) should include recommendations to improve human
rights training and additional measures that can be adopted to
prevent violations of human rights under any other provision of
law.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives.
----------
282. An Amendment To Be Offered by Representative Panetta of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title VII, add the following:
SEC. ___. EXTRAMEDICAL MATERNAL HEALTH PROVIDERS DEMONSTRATION PROJECT.
(a) Demonstration Project Required.--Not later than one year
after the date of the enactment of this Act, the Secretary of
Defense shall commence the conduct of a demonstration project
designed to evaluate the cost, quality of care, and impact on
maternal and fetal outcomes of using extramedical maternal
health providers under the TRICARE program to determine the
appropriateness of making coverage of such providers under the
TRICARE program permanent.
(b) Elements of Demonstration Project.--The demonstration
project under subsection (a) shall include, for participants in
the demonstration project, the following:
(1) Access to doulas.
(2) Access to lactation consultants who are not
otherwise authorized to provide services under the
TRICARE program.
(c) Participants.--The Secretary shall establish a process
under which covered beneficiaries may enroll in the
demonstration project in order to receive the services provided
under the demonstration project.
(d) Duration.--The Secretary shall carry out the
demonstration project for a period of five years beginning on
the date on which notification of the commencement of the
demonstration project is published in the Federal Register.
(e) Survey.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, and annually
thereafter for the duration of the demonstration
project, the Secretary shall administer a survey to
determine--
(A) how many members of the Armed Forces or
spouses of such members give birth while their
spouse or birthing partner is unable to be
present due to deployment, training, or other
mission requirements;
(B) how many single members of the Armed
Forces give birth alone; and
(C) how many members of the Armed Forces or
spouses of such members use doula support or
lactation consultants.
(2) Matters covered by the survey.--The survey
administered under paragraph (1) shall include an
identification of the following:
(A) The race, ethnicity, age, sex,
relationship status, military service, military
occupation, and rank, as applicable, of each
individual surveyed.
(B) If individuals surveyed were members of
the Armed Forces or the spouses of such
members, or both.
(C) The length of advanced notice received by
individuals surveyed that the member of the
Armed Forces would be unable to be present
during the birth, if applicable.
(D) Any resources or support that the
individuals surveyed found useful during the
pregnancy and birth process, including doula or
lactation counselor support.
(f) Reports.--
(1) Implementation plan.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives
a plan to implement the demonstration project.
(2) Annual report.--
(A) In general.--Not later than one year
after the commencement of the demonstration
project, and annually thereafter for the
duration of the demonstration project, the
Secretary shall submit to the Committees on
Armed Services of the Senate and the House of
Representatives a report on the cost of the
demonstration project and the effectiveness of
the demonstration project in improving quality
of care and the maternal and fetal outcomes of
covered beneficiaries enrolled in the
demonstration project.
(B) Matters covered.--Each report submitted
under subparagraph (A) shall address, at a
minimum, the following:
(i) The number of covered
beneficiaries who are enrolled in the
demonstration project.
(ii) The number of enrolled covered
beneficiaries who have participated in
the demonstration project.
(iii) The results of the surveys
under subsection (f).
(iv) The cost of the demonstration
project.
(v) An assessment of the quality of
care provided to participants in the
demonstration project.
(vi) An assessment of the impact of
the demonstration project on maternal
and fetal outcomes.
(vii) An assessment of the
effectiveness of the demonstration
project.
(viii) Recommendations for
adjustments to the demonstration
project.
(ix) The estimated costs avoided as a
result of improved maternal and fetal
health outcomes due to the
demonstration project.
(x) Recommendations for extending the
demonstration project or implementing
permanent coverage under the TRICARE
program of extramedical maternal health
providers.
(xi) An identification of legislative
or administrative action necessary to
make the demonstration project
permanent.
(C) Final report.--The final report under
subparagraph (A) shall be submitted not later
than 90 days after the termination of the
demonstration project.
(g) Expansion of Demonstration Project.--
(1) Regulations.--If the Secretary determines that
the demonstration project is successful, the Secretary
may prescribe regulations to include extramedical
maternal health providers as health care providers
authorized to provide care under the TRICARE program.
(2) Credentialing and other requirements.--The
Secretary may establish credentialing and other
requirements for doulas and lactation consultants
through public notice and comment rulemaking for
purposes of including doulas and lactation
consultations as health care providers authorized to
provide care under the TRICARE program pursuant to
regulations prescribed under paragraph (1).
(h) Definitions.--In this section:
(1) Extramedical maternal health provider.--The term
``extramedical maternal health provider'' means a doula
or lactation consultant.
(2) Covered beneficiary; tricare program.--The terms
``covered beneficiary'' and ``TRICARE program'' have
the meanings given those terms in section 1072 of title
10, United States Code.
----------
283. An Amendment To Be Offered by Representative Panetta of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, add the following new
section:
SEC. 5__. AUTHORITY OF MILITARY EDUCATIONAL INSTITUTIONS TO ACCEPT
RESEARCH GRANTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretaries of the military departments,
shall issue regulations under which faculty of military
educational institutions shall be authorized to accept research
grants from individuals and entities outside the Department of
Defense.
(b) Military Educational Institution Defined.--In this
section, the term ``military educational institution'' means a
postsecondary educational institution established within the
Department of Defense.
----------
284. An Amendment To Be Offered by Representative Panetta of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XXVIII, add the following
new section:
SEC. 28__. INCLUSION OF ASSESSMENT OF PERFORMANCE METRICS IN ANNUAL
PUBLICATION ON USE OF INCENTIVE FEES FOR PRIVATIZED
MILITARY HOUSING PROJECTS.
(a) Required Inclusion of Assessment of Performance
Metrics.--Section 2891c(b)(1) of title 10, United States Code,
is amended by striking ``, on a publicly accessible website,
information'' and inserting the following: ``the following on a
publicly accessible website:
``(A) For each contract for the provision or
management of housing units:
``(i) An assessment of indicators underlying
the performance metrics under such contract to
ensure such indicators adequately measure the
condition and quality of each housing unit
covered by the contract, including the
following:
``(I) Tenant satisfaction.
``(II) Maintenance management.
``(III) Project safety.
``(IV) Financial management.
``(ii) A detailed description of each
indicator assessed under subparagraph (A),
including an indication of the following:
``(I) The limitations of available
survey data.
``(II) How tenant satisfaction and
maintenance management is calculated.
``(III) Whether relevant data is
missing.
``(B) Information''.
(b) Conforming and Clerical Amendments.--
(1) Conforming amendments.--Section 2891c(b)(2) of
title 10, United States Code, is amended--
(A) by striking ``paragraph (1)'' and
inserting ``paragraph (1)(B)''; and
(B) by striking ``each contract'' and
inserting ``each contract for the provision or
management of housing units''.
(2) Clerical amendments.--
(A) Section heading.--The heading of section
2891c of title 10, United States Code, is
amended to read as follows:
``Sec. 2891c. Transparency regarding finances and performance
metrics''.
(B) Subsection heading.--Section 2891c(b) of
title 10, United States Code, is amended in the
subsection heading by striking ``Availability
of Information on Use of Incentive Fees'' and
inserting ``Public Availability of Certain
Information''.
(C) Table of sections.--The table of sections
at the beginning of subchapter V of chapter 169
of title 10, United States Code, is amended by
striking the item relating to section 2891c and
inserting the following new item:
``2891c. Transparency regarding finances and performance metrics.''.
____________________________________________________
285. An Amendment To Be Offered by Representative Panetta of California
or His Designee, Debatable for 10 Minutes
Page 1274, strike lines 16 through 18 and insert the
following:
(2) To the extent practical, a breakdown of the data
under subparagraph (A) by each position in the Standard
Occupational Classification System by the Bureau of
Labor Statistics.
Page 1275, line 12, strike ``and''.
Page 1275, strike lines 13 through 18 and insert the
following:
(2) collected in accordance with applicable laws and
regulations of the Equal Employment Opportunity
Commission, regulations of the Office of Federal
Contract Compliance Programs of the Department of
Labor, and applicable provisions of Federal law on
privacy; and
(3) obtained from relevant elements of the Federal
Government pursuant to a memorandum of understanding
specifying the terms and conditions for the sharing of
such data, including by identifying--
(A) the statutory authority governing such
sharing;
(B) the minimum amount of data needed to be
shared;
(C) the exact data to be shared;
(D) the method of securely sharing such data;
and
(E) the limitations on the use and disclosure
of such data.
Page 1275, after line 23, insert the following new
subsections (and redesignate the subsequent subsection
accordingly):
(e) GAO Review.--Not later than one year after the date on
which the Administrator submits the first report under
subsection (a), the Comptroller General of the United States
shall submit to the congressional defense committees a review
of--
(1) the diversity of contractor employees with
respect to both the hiring and retention of such
employees;
(2) the demographic composition of such employees;
and
(3) the issues relating to diversity that such report
identifies and the steps taken by the Administrator to
address such issues.
(f) Sense of Congress.--It is the sense of Congress that--
(1) National Nuclear Security Administration is
undertaking the largest and most complex workload since
the end of the Cold War;
(2) ensuring that the nuclear security enterprise
hires, trains, and retains a diverse and highly
educated workforce is a national security priority of
the United States;
(3) more than 5,000 employees were hired at the
laboratories, plants, and sites of the National Nuclear
Security Administration during fiscal year 2019; and
(4) the National Nuclear Security Administration has
taken important actions to hire and retain the best and
brightest workforce and is encouraged to continue to
build upon these efforts, particularly as its aging
workforce continues to retire.
----------
286. An Amendment To Be Offered by Representative Panetta of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVII, add the following:
SEC. 1706. MARITIME SECURITY AND DOMAIN AWARENESS.
(a) Progress Report on Maritime Security.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense, in coordination with the Secretary of State,
the Secretary of the Department in which the Coast
Guard is operating, and the heads of other appropriate
Federal agencies, shall submit to the congressional
defense committees a report on the steps taken since
December 20, 2019, to make further use of the following
mechanisms to combat IUU fishing:
(A) Inclusion of counter-IUU fishing in
existing shiprider agreements to which the
United States is a party.
(B) Entry into shiprider agreements that
include counter-IUU fishing with priority flag
states and countries in priority regions with
which the United States does not already have
such agreements.
(C) Inclusion of counter-IUU fishing in the
mission of the Combined Maritime Forces.
(D) Inclusion of counter-IUU fishing
exercises in the annual at-sea exercises
conducted by the Department of Defense, in
coordination with the United States Coast
Guard.
(E) Development of partnerships similar to
the Oceania Maritime Security Initiative and
the Africa Maritime Law Enforcement Partnership
in other priority regions.
(2) Element.--The report required by paragraph (1)
shall include a description of specific steps taken by
the Secretary of the Navy with respect to each
mechanism described in paragraph (1), including a
detailed description of any security cooperation
engagement undertaken to combat IUU fishing by such
mechanisms and resulting coordination between the
Department of the Navy and the Coast Guard.
(b) Assessment of Service Coordination on Maritime Domain
Awareness.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of the
Navy shall enter into an agreement with the Secretary
of the department in which the Coast Guard is
operating, in consultation with the Secretary of
Commerce, to assess the available commercial solutions
for collecting, sharing, and disseminating among United
States maritime services and partner countries maritime
domain awareness information relating to illegal
maritime activities, including IUU fishing.
(2) Elements.--The assessment carried out pursuant to
an agreement under paragraph (1) shall--
(A) build on the ongoing Coast Guard
assessment related to autonomous vehicles;
(B) consider appropriate commercially and
academically available technological solutions;
and
(C) consider any limitation related to
affordability, exportability, maintenance, and
sustainment requirements and any other factor
that may constrain the suitability of such
solutions for use in a joint and combined
environment, including the potential provision
of such solutions to one or more partner
countries.
(3) Submittal to congress.--Not later than one year
after entering into an agreement under paragraph (1),
the Secretary of the Navy shall submit to the Committee
on Armed Services, the Committee on Commerce, Science,
and Transportation, and the Committee on Appropriations
of the Senate and the Committee on Armed Services, the
Committee on Natural Resources, the Committee on
Transportation and Infrastructure, the Committee on
Foreign Affairs, and the Committee on Appropriations of
the House of Representatives the assessment prepared in
accordance with the agreement.
(c) Report on Use of Fishing Fleets by Foreign Governments.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Director of the
Office of Naval Intelligence shall submit to the
Committee on Armed Services, the Committee on Commerce,
Science, and Transportation, and the Committee on
Appropriations of the Senate and the Committee on Armed
Services, the Committee on Natural Resources, the
Committee on Transportation and Infrastructure, the
Committee on Foreign Affairs, and the Committee on
Appropriations of the House of Representatives a report
on the use by governments of foreign countries of
distant-water fishing fleets as extensions of the
official maritime security forces of such countries.
(2) Element.--The report required by paragraph (1)
shall include the following:
(A) An analysis of the manner in which
fishing fleets are leveraged in support of the
naval operations and policies of foreign
countries more generally.
(B) A consideration of--
(i) threats posed, on a country-by-
country basis, to the fishing vessels
and other vessels of the United States
and partner countries;
(ii) risks to Navy and Coast Guard
operations of the United States, and
the naval and coast guard operations of
partner countries; and
(iii) the broader challenge to the
interests of the United States and
partner countries.
(3) Form.--The report required by paragraph (1) shall
be in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section, any term that is also used
in the Maritime SAFE Act (Public Law 116-92) shall have the
meaning given such term in that Act.
----------
287. An Amendment To Be Offered by Representative Panetta of California
or His Designee, Debatable for 10 Minutes
Page 401, strike lines 6 through 12 and insert the following:
(1) by striking the heading and inserting ``Support
programs: special operations forces personnel;
immediate family members'';
Page 401, strike lines 13 through 15 and insert the
following:
(2) in subsection (a)--
(A) by inserting ``(1)'' before
``Consistent'';
(B) by striking ``for the immediate family
members of members of the armed forces assigned
to special operations forces''; and
(C) by adding at the end the following:
``(2) The Commander may enter into an agreement with a
nonprofit entity to provide family support services.''.
Page 401, strike lines 16 through 21 and insert the
following:
(3) in subsection (b)(1), by striking ``the immediate
family members of members of the armed forces assigned
to special operations forces'' and inserting ``covered
individuals'';
Strike page 401, line 23, through page 402, line 9, and
insert the following:
(A) in subparagraph (A), by striking ``family
members of members of the armed forces assigned
to special operations forces'' and inserting
``covered individuals''; and
(B) in subparagraph (B), by striking ``family
members of members of the armed forces assigned
to special operations forces'' and inserting
``covered individuals''; and
Page 402, strike lines 13 through 19 and insert the
following:
(B) by striking ``immediate family members of
members of the armed forces assigned to special
operations forces'' and inserting ``covered
personnel''; and
(C) by adding at the end the following:
``(5) The term `covered personnel' means--
``(A) members of the Armed Forces (including
the reserve components) assigned to special
operations forces;
``(B) support service personnel assigned to
special operations;
``(C) individuals separated or retired from
service described in subparagraph (A) or (B)
for not more than three years; and
``(D) immediate family members of individuals
described in subparagraphs (A) through (C).''.
Page 402, strike lines 20 through the end of that page and
insert the following:
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 88 of title 10, United States Code, is
amended by striking the item relating to section 1788a and
inserting the following:
``1788a. Support programs: special operations forces personnel;
immediate family members.''.
____________________________________________________
288. An Amendment To Be Offered by Representative Panetta of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title IX, add the following new
section:
SEC. 9__. REPORT ON THE ROLE OF THE NAVAL POSTGRADUATE SCHOOL IN SPACE
EDUCATION.
(a) Report Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a report on the
future role of the Naval Postgraduate School in space
education.
(b) Elements.--The report under subsection (a) shall include
the following:
(1) An overview of the Naval Postgraduate School's
existing space-focused education and research
capabilities, programs, products, and outputs.
(2) An identification and evaluation of additional
space-focused educational requirements that may be
fulfilled by the Naval Postgraduate school, including
any requirements resulting from the establishment of
the Space Force or otherwise necessitated by the
evolving space-related needs of the Department of
Defense.
(3) A plan for meeting the requirements identified
under paragraph (2), including a description of the
types and amounts of additional resources that may be
needed for the Naval Postgraduate School to meet such
requirements over the period of five fiscal years
following the date of the report.
----------
289. An Amendment To Be Offered by Representative Pappas of New
Hampshire or His Designee, Debatable for 10 Minutes
At the end of title II, insert the following new section:
SEC. 2__. FUNDING FOR BACKPACKABLE COMMUNICATIONS INTELLIGENCE SYSTEM.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, Army, as specified in the corresponding funding
table in section 4201, Network C3I Technology, Line 17, for the
Backpackable Communications Intelligence System is hereby
increased by $5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance,
Defense-wide, as specified in the corresponding funding table
in section 4301, for Admin & Srvwide Activities, Line 360,
Defense Personnel Accounting Agency is hereby reduced by
$5,000,000.
----------
290. An Amendment To Be Offered by Representative Pence of Indiana or
His Designee, Debatable for 10 Minutes
Page 196, line 7, strike the ``and'' after the semicolon.
Page 196, line 12, strike the period and insert ``; and''.
Page 196, after line 12, insert the following:
(5) by inserting after subsection (d) the following
new subsection:
``(e) Inclusion of Off Road Vehicles.--In this section, the
term `motor vehicle' includes off-road vehicles, including
construction or agricultural equipment.''.
----------
291. An Amendment To Be Offered by Representative Pence of Indiana or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XVI, add the following new
section:
SEC. 16__. EXTENSION OF SUNSET FOR PILOT PROGRAM ON REGIONAL
CYBERSECURITY TRAINING CENTER FOR THE ARMY NATIONAL
GUARD.
Section 1651(e) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 32
U.S.C. 501 note) is amended by striking ``shall expire on the
date that is two years after the date of the enactment of this
Act'' and inserting ``shall expire on August 31, 2022''.
----------
292. An Amendment To Be Offered by Representative Perlmutter of
Colorado or His Designee, Debatable for 10 Minutes
Subtitle B of title XXXI is amended by adding at the end the
following:
SEC. __. SENSE OF CONGRESS ON THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM.
It is the sense of Congress that--
(1) the Energy Employees Occupational Illness
Compensation Program Act (EEOICPA) was enacted as part
of the Fiscal Year 2001 Defense Authorization Act
(Public Law 106-398) to ensure fairness and equity to
the civilian men and women who, since the commencement
of the Manhattan Project, have performed duties
uniquely related to the nuclear weapons production and
testing programs of the Department of Energy (DOE) and
its predecessor agencies and were made ill from
exposure to toxic substances related to such work;
(2) as part of EEOICPA, Congress provided for a
system of efficient, uniform, and adequate compensation
and health care to assist the defense nuclear workers
who were employed by the DOE, its contractors, and
certain private vendors;
(3) as part of reforms to this program enacted as
part of the Fiscal Year 2005 Defense Authorization Act
(Public Law 108-375), Congress created the Office of
the Ombudsman for the Energy Employees Occupational
Illness Compensation Program (although such Office is
within the Department of Labor, the Office of the
Ombudsman is independent of the other officers and
employees of the Department of Labor engaged in
activities related to the administration of the
provisions of EEOICPA);
(4) the Office of the Ombudsman provides guidance and
assistance to claimants navigating the claims
application process and prepares an annual report to
Congress with--
(A) the number and types of complaints,
grievances, and requests for assistance
received by the Ombudsman during the preceding
year; and
(B) an assessment of the most common
difficulties encountered by claimants and
potential claimants during the preceding year;
(5) claimants rely on the Office of the Ombudsman in
the Department of Labor to provide impartial advice and
guidance in navigating what can be a challenging claims
process, and its operations should be continued;
(6) Congress has reauthorized the Office of the
Ombudsman on a bipartisan basis as part of the National
Defense Authorization Act on multiple occasions,
including most recently in the Fiscal Year 2020 Defense
Authorization Act (Public Law 116-48); and
(7) the Office of the Ombudsman is critical to the
successful implementation of EEOICPA.
----------
293. An Amendment To Be Offered by Representative Perlmutter of
Colorado or His Designee, Debatable for 10 Minutes
On page 240, after line 3, add the following:
SEC. __. GUARANTEEING EQUIPMENT SAFETY FOR FIREFIGHTERS ACT OF 2020.
(a) Short Title.--This section may be cited as the
``Guaranteeing Equipment Safety for Firefighters Act of 2020''.
(b) National Institute of Standards and Technology Study on
Per- and Polyfluoroalkyl Substances in Personal Protective
Equipment Worn by Firefighters.--
(1) In general.--Not later than 3 years after the
date of the enactment of this Act, the Director of the
National Institute of Standards and Technology shall,
subject to availability of appropriations, in
consultation with the Director of the National
Institute for Occupational Safety and Health, complete
a study of the contents and composition of new and
unused personal protective equipment worn by
firefighters.
(2) Contents of study.--In carrying out the study
required by paragraph (1), the Director of the National
Institute of Standards and Technology shall examine--
(A) the identity, prevalence, and
concentration of per- and polyfluoroalkyl
substances (commonly known as ``PFAS'') in the
personal protective equipment worn by
firefighters;
(B) the conditions and extent to which per-
and polyfluoroalkyl substances are released
into the environment over time from the
degradation of personal protective equipment
from normal use by firefighters; and
(C) the relative risk of exposure to per- and
polyfluoroalkyl substances faced by
firefighters from--
(i) their use of personal protective
equipment; and
(ii) degradation of personal
protective equipment from normal use by
firefighters.
(3) Reports.--
(A) Progress reports.--Not less frequently
than once each year for the duration of the
study conducted under paragraph (1), the
Director shall submit to Congress a report on
the progress of the Director in conducting such
study.
(B) Final report.--Not later than 90 days
after the date on which the Director completes
the study required by paragraph (1), the
Director shall submit to Congress a report
describing--
(i) the findings of the Director with
respect to the study; and
(ii) recommendations on what
additional research or technical
improvements to personal protective
equipment materials or components
should be pursued to avoid unnecessary
occupational exposure among
firefighters to per- and
polyfluoroalkyl substances through
personal protective equipment.
(c) Research on Per- and Polyfluoroalkyl Substances in
Personal Protective Equipment Worn by Firefighters.--
(1) In general.--Not later than 180 days after the
date of the submittal of the report required by
subsection (b)(3)(B), the Director of the National
Institute of Standards and Technology shall--
(A) issue a solicitation for research
proposals to carry out the research
recommendations identified in the report
submitted under subsection (b)(3); and
(B) award grants to applicants that submit
research proposals to develop safe alternatives
to per- and polyfluoroalkyl substances in
personal protective equipment.
(2) Criteria.--The Director shall select research
proposals to receive a grant under paragraph (1) on the
basis of merit, using criteria identified by the
Director, including the likelihood that the research
results will address the findings of the Director with
respect to the study conducted under subsection (b)(1).
(3) Eligible entities.--Any entity or group of 2 or
more entities may submit to the Director a research
proposal in response to the solicitation for research
proposals under paragraph (1), including--
(A) State and local agencies;
(B) public institutions, including public
institutions of higher education;
(C) private corporations; and
(D) nonprofit organizations.
(d) Authority for Director of the National Institute of
Standards and Technology to Consult With Experts on Matters
Relating to Per- and Polyfluoroalkyl Substances.--In carrying
out this section, the Director of the National Institute of
Standards and Technology may consult with Federal agencies,
nongovernmental organizations, State and local governments, and
science and research institutions determined by the Director to
have scientific or material interest in reducing unnecessary
occupational exposure to per- and polyfluoroalkyl substances by
firefighters.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to the Director $2,500,000 to carry out
this section.
(2) Supplement not supplant.--Funds made available to
carry out this section shall supplement and not
supplant funds made available to the Director for other
purposes.
----------
294. An Amendment To Be Offered by Representative Perry of Pennsylvania
or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. __. ASSESSMENT ON MODERNIZATION TARGETS OF THE PEOPLE'S LIBERATION
ARMY.
(a) Assessment.--The Secretary of Defense, in consultation
with relevant Federal departments and agencies, shall prepare
an assessment on the People's Liberation Army of the People's
Republic of China 2035 modernization targets that includes--
(1) how such modernization could impact the
effectiveness of Taiwan's self-defense capabilities;
(2) how such modernization could impact United States
interests, including those articulated in the Taiwan
Relations Act (22 U.S.C 3301 et. seq.) to maintain the
capacity of the United States to resist any resort to
force or other forms of coercion that would jeopardize
the security, or the social or economic system, of the
people on Taiwan; and
(3) any other matters the Secretary determines
appropriate.
(b) Briefing.--Not later than 180 days after the enactment of
this Act, the Secretary of Defense shall provide the assessment
in a classified, written report to--
(1) the Committee on Armed Services, the Permanent
Select Committee on Intelligence, the Committee on
Foreign Affairs, and the Committee on Appropriations of
the House of Representatives; and
(2) the Committee on Armed Services, the Select
Committee on Intelligence, the Committee on Foreign
Relations, and the Committee on Appropriations of the
Senate.
----------
295. An Amendment To Be Offered by Representative Peters of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, insert the following:
SEC. 17__. 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 by adding at the end
the following: ``In the case of vouchers provided under the
HUD-VASH program under section 8(o)(19) of such Act, for
purposes of the preceding sentence, the term `veteran' shall
have the meaning given such term in section 2002(b) of this
title.''.
(c) Annual Reports.--
(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 HUD-VASH program
under section 8(o)(1) 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.
----------
296. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XII, add the following:
SEC. _. EXTENSION OF DEPARTMENT OF DEFENSE SUPPORT FOR STABILIZATION
ACTIVITIES IN NATIONAL SECURITY INTEREST OF THE
UNITED STATES.
Subsection (h) of section 1210A of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1628) is amended by striking ``December 31, 2020'' and
inserting ``December 31, 2021''.
----------
297. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. _. MITIGATION AND PREVENTION OF ATROCITIES IN HIGH-RISK COUNTRIES.
(a) Statement of Policy.--It is the policy of the United
States that the Department of State, in coordination with the
Department of Defense and the United States Agency for
International Development, should address global fragility, as
required by the Global Fragility Act of 2019 and, to the extent
practicable, incorporate the prevention of atrocities and
mitigation of fragility into security assistance and
cooperation planning and implementation for covered foreign
countries.
(b) In General.--The Secretary of State, in consultation with
chiefs of mission and the Administrator of the United States
Agency for International Development, shall ensure that the
Department of State's Atrocity Assessment Framework is factored
into the Integrated Country Strategy and the Country
Development Cooperation Strategy where appropriate for covered
foreign countries.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for 5 years, the
Secretary of State shall submit to the appropriate
congressional committees a report on its efforts to prevent
atrocities in covered foreign countries.
(d) Stakeholder Consultation.--Consistent with section 504(b)
of the Global Fragility Act of 2019 (22 U.S.C. 9803(b)), the
Secretary of State and other relevant agencies may consult with
credible representatives of civil society with experience in
atrocities prevention and national and local governance
entities, as well as relevant international development
organizations with experience implementing programs in fragile
and violence-affected communities, multilateral organizations
and donors, and relevant private, academic, and philanthropic
entities, as appropriate, in identifying covered foreign
countries as defined in this section.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Armed Services of the Senate.
(2) Covered foreign country.--The term ``covered
foreign country'' means a foreign country that is not
listed as a priority country under the Global Fragility
Initiative but remains among the top 30 most at risk
countries for new onset of mass killing, according to
the Department of State's internal assessments, and in
consultation with the appropriate congressional
committees.
----------
298. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, add the following new
section:
SEC. 5__. REPORT ON OFFICER TRAINING IN IRREGULAR WARFARE.
(a) Report Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report on
the training in irregular warfare, if any, provided to officers
of the Armed Forces as part of the regular course of
instruction for such officers.
(b) Elements.--The report under subsection (a) shall
include--
(1) the level of instruction in irregular warfare
typically provided to officers;
(2) the number of hours of instruction at each level;
and
(3) a description of the subject areas covered by the
instruction.
(c) Exclusion of Specialized Training.--The report under
subsection (a) shall not include information on specialized or
branch-specific training in irregular warfare provided to
certain officers as part of a specialized course of
instruction.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate;
and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) The term ``irregular warfare'' has the meaning
given that term in the Joint Operating Concept of the
Department of Defense titled ``Irregular Warfare:
Countering Irregular Threats'', version 2.0, dated May
17, 2010.
----------
299. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title V, insert the following:
SEC. 539A. REPORT ON DRUG DEMAND REDUCTION PROGRAM MODERNIZATION.
(a) In General.--Not later than 180 days after the enactment
of this Act, the Secretary of Defense shall deliver a report to
the Committees on Armed Services of the Senate and House of
Representatives regarding the efficacy of using point of
collection testing (in this section referred to as ``POCT'')
devices to modernize the drug demand reduction program (in this
section referred to as ``DDRP'') random urinalysis testing.
(b) Evaluation Criteria.--The report shall include the
following:
(1) The extent to which use of POCT devices
streamline current urinalysis testing processes and
communications, while maintaining specimen chain of
custody for use in associated administrative and
military justice activities if needed.
(2) An assessment of the effectiveness of the POCT
devices for DDRP random urinalysis testing while
ensuring specimen chain of custody.
(3) A 10-year projection and assessment of the cost
savings associated with the use of POCT devices in the
DDRP random urinalysis testing.
(4) The methodology for calculating the 10-year cost
projection.
(5) An assessment of any other suggested changes to
modernize the DDRP program.
(6) A summary of any programmatic or logistical
barriers to effectively carrying out the use of POCT
devices in the DDRP testing.
----------
300. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, add the following:
SEC. 5__. REPORT REGARDING COUNTY, TRIBAL, AND LOCAL VETERANS SERVICE
OFFICERS.
(a) Report Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Veterans Affairs, shall
submit to the Committees on Armed Services and on Veterans'
Affairs of the House of Representatives and Senate a report
regarding the effects of the presence of CVSOs at
demobilization centers on members of the Armed Forces making
the transition to civilian life.
(b) Metrics.--In determining the effects described in
subsection (a), the Secretary of Defense shall use metrics
including the following:
(1) Feedback from members described in subsection (a)
and from veterans regarding interactions with CVSOs.
(2) Greater use of benefits (including health care,
employment services, education, and home loans)
available to veterans under laws administered by the
Secretary of--
(A) Veterans Affairs;
(B) Labor;
(C) Health and Human Services;
(D) Housing and Urban Development; or
(E) Education.
(3) Greater use of benefits available to veterans not
described in paragraph (2).
(4) Frequencies of post-demobilization follow-up
meetings initiated by--
(A) a CVSO; or
(B) a veteran.
(5) Awareness and understanding of local support
services (including CVSOs) available to veterans.
(c) Elements.--The report under this section shall include
the following:
(1) The number of demobilization centers that host
CVSOs.
(2) The locations of demobilization centers described
in paragraph (1).
(3) Barriers to expanding the presence of CVSOs at
demobilization centers nationwide.
(4) Recommendations of the Secretary of Defense
regarding the presence of CVSOs at demobilization
centers.
(d) CVSO Defined.--In this section, the term ``CVSO''
includes--
(1) a county veterans service officer;
(2) a Tribal veterans service officer;
(3) a Tribal veterans representative; or
(4) another State, Tribal, or local entity that the
Secretary of Defense determines appropriate.
----------
301. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVII, insert the following:
SEC. 17__. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE
PROCESSES FOR RESPONDING TO CONGRESSIONAL REPORTING
REQUIREMENTS.
(a) Comptroller General Analysis.--Not later than one year
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the Committees on
Armed Services of the Senate and House of Representatives a
report containing an analysis of Department of Defense
processes for responding to congressional reporting
requirements in the annual National Defense Authorization Acts,
or the accompanying committee reports.
(b) Criteria for Evaluation.--The analysis required under
subsection (a) shall include an evaluation of funding and
changes to policies and business practices by the Department
for improving the effectiveness, efficiency, and public
transparency of the Department's compliance with congressional
reporting requirements.
(c) Contents of Report.--The report required by subsection
(a) shall include each of the following:
(1) A description of--
(A) current laws, guidance, policies for
Department of Defense compliance with
congressional oversight reporting requirements;
and
(B) recent direction from the congressional
defense committees for the Department
concerning how it designs, modifies, tracks,
delivers, and inventories completed reports.
(2) A review and evaluation of the cost and
effectiveness of--
(A) the methods the Department of Defense
uses to track and respond to reporting
requirements; and
(B) the ways in which the Department of
Defense ensures suitability of content and
timeliness.
(3) An analysis of options for modernizing the
preparation and delivery process for reports that
includes--
(A) the coordination of Department of Defense
business practices and internal policies with
legislative processes; and
(B) a determination of the feasibility of
maintaining a congressional tracking database
that makes unclassified reports publicly
available in a searchable online database that
identifies, for each report included in the
database--
(i) the deadline on which the
required report was required to be
submitted;
(ii) the date on which the report was
received;
(iii) the classification level of the
completed report;
(iv) the form in which the report was
submitted;
(v) the standard legislative citation
and hyperlink to original legislative
language that required the report;
(vi) the total cost associated with
the report;
(vii) a brief summary of the report;
(viii) a unique identifier for the
report; and
(ix) the subject and sub-subject
codes associated with the report.
----------
302. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title VI, insert the following:
SEC. 6__. CHERYL LANKFORD MEMORIAL EXPANSION OF ASSISTANCE FOR GOLD
STAR SPOUSES AND OTHER DEPENDENTS.
Section 633(a) of the National Defense Authorization Act for
Fiscal Year 2014 (10 U.S.C. 1475 note) is amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively;
(2) by inserting ``(1)'' before ``Each Secretary'';
(3) in the matter preceding paragraph (1), by
inserting ``a casualty assistance officer who is''
after ``jurisdiction of such Secretary'';
(4) by striking ``spouses and other dependents of
members'' and all that follows through ``services:''
and inserting an em dash; and
(5) by inserting before subparagraph (A), as
redesignated, the following:
``(A) a spouse and any other dependent of a member of
such Armed Force (including the reserve components
thereof) who dies on active duty; and
``(B) a dependent described in subparagraph (A) if
the spouse of the deceased member dies and the
dependent (or the guardian of such dependent) requests
such assistance.
``(2) Casualty assistance officers described in paragraph (1)
shall provide to spouses and dependents described in that
paragraph the following services:''.
----------
303. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the appropriate place in title XII, insert the following:
SEC. 12__. RESUMPTION OF PEACE CORPS OPERATIONS.
Not later than 90 days after the date of enactment of this
Act, the Director of the Peace Corps shall submit to the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives a report
that describes the efforts of the Peace Corps to--
(1) offer a return to service to each Peace Corps
volunteer and trainee whose service ended on March 15,
2020 (or earlier, in the case of volunteers who were
serving China and Mongolia), due to the COVID-19 public
health emergency;
(2) obtain approval from countries, as is safe and
appropriate, to return volunteers and trainees to
countries of service, predicated on the ability for
volunteers and trainees to return safely and legally;
(3) provide adequate measures necessary for the
safety and health of volunteers and trainees and
develop contingency plans in the event overseas
operations are disrupted by future COVID-19 outbreaks;
(4) develop and maintain a robust volunteer cohort;
and
(5) identify the need for anticipated additional
appropriations or new statutory authorities and changes
in global conditions that would be necessary to achieve
the goal of safely enrolling 7,300 Peace Corps
volunteers during the one-year period beginning on the
date on which Peace Corps operations resume.
----------
304. An Amendment To Be Offered by Representative Pingree of Maine or
Her Designee, Debatable for 10 Minutes
Page 375, after line 25, add the following new section:
SEC. 549C. REPORT ON SEXUAL ABUSE AND HARASSMENT OF RECRUITS DURING
MEDICAL EXAMINATIONS PRIOR TO ENTRY INTO THE ARMED
FORCES.
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 prevalence of sexual abuse and harassment of
persons during the medical examination that precedes entry into
the Armed Forces. Such report shall include the following:
(1) The number of incidents of sexual abuse or
harassment that have been reported since 2000, if
available.
(2) A description of the process by which the
Department of Defense tracks the incidents of sexual
abuse or harassment, if applicable.
(3) A plan to establish a process by which the
Department tracks the incidents of sexual abuse or
harassment, including of the medical professionals
involved, if such a process does not exist.
(4) A plan to provide awareness training regarding
sexual abuse and harassment provided to medical
professionals who perform such examinations, if such
training does not exist.
(5) A plan to provide recruits with information on
their rights and responsibilities in the event they
face sexual abuse and harassment that is incident to
service but prior to starting service in the Armed
Forces, if such information does not exist.
(6) A description of the legal redress available to
persons who experience such sexual abuse and
harassment, including through the Uniform Code of
Military Justice, for those who enter the Armed Forces.
----------
305. An Amendment To Be Offered by Representative Plaskett of the
Virgin Islands or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, add the following new
section:
SEC. 17_. WAIVER AUTHORITY WITH RESPECT TO INSTITUTIONS LOCATED IN AN
AREA AFFECTED BY HURRICANE MARIA.
(a) Waiver Authority.--Notwithstanding any other provision of
law, unless enacted with specific reference to this section or
section 392 of the Higher Education Act of 1965 (20 U.S.C.
1068a), for any affected institution that was receiving
assistance under title III of such Act (20 U.S.C. 1051 et seq.)
at the time of a covered hurricane disaster, the Secretary of
Education shall, for each of the fiscal years 2020 through 2022
(and may, for each of the fiscal years 2023 and 2024)--
(1) waive--
(A) the eligibility data requirements set
forth in section 391(d) of the Higher Education
Act of 1965 (20 U.S.C. 1068(d));
(B) the wait-out period set forth in section
313(d) of the Higher Education Act of 1965 (20
U.S.C. 1059(d));
(C) the allotment requirements under section
324 of the Higher Education Act of 1965 (20
U.S.C. 1063); and
(D) the use of the funding formula developed
pursuant to section 326(f)(3) of the Higher
Education Act of 1965 (20 U.S.C. 1063b(f)(3));
(2) waive or modify any statutory or regulatory
provision to ensure that affected institutions that
were receiving assistance under title III of the Higher
Education Act of 1965 (20 U.S.C. 1051 et seq.) at the
time of a covered hurricane disaster are not adversely
affected by any formula calculation for fiscal year
2020 or for any of the four succeeding fiscal years, as
necessary; and
(3) make available to each affected institution an
amount that is not less than the amount made available
to such institution under title III of the Higher
Education Act of 1965 (20 U.S.C. 1051 et seq.) for
fiscal year 2017, except that for any fiscal year for
which the funds appropriated for payments under such
title are less than the appropriated level for fiscal
year 2017, the amount made available to such
institutions shall be ratably reduced among the
institutions receiving funds under such title.
(b) Definitions.--In this section:
(1) Affected institution.--The term ``affected
institution'' means an institution of higher education
(as defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001)) that--
(A) is--
(i) a part A institution (which term
shall have the meaning given the term
``eligible institution'' under section
312(b) of the Higher Education Act of
1965 (20 U.S.C. 1058(b))); or
(ii) a part B institution, as such
term is defined in section 322(2) of
the Higher Education Act of 1965 (20
U.S.C. 1061(2)), or as identified in
section 326(e) of such Act (20 U.S.C.
1063b(e));
(B) is located in a covered area affected by
a hurricane disaster; and
(C) is able to demonstrate that, as a result
of the impact of a covered hurricane disaster,
the institution--
(i) incurred physical damage;
(ii) has pursued collateral source
compensation from insurance, the
Federal Emergency Management Agency,
and the Small Business Administration,
as appropriate; and
(iii) was not able to fully reopen in
existing facilities or to fully reopen
to the pre-hurricane enrollment levels
during the 30-day period beginning on
September 7, 2017.
(2) Covered area affected by a hurricane disaster.--
The term ``covered area affected by a hurricane
disaster'' means an area for which the President
declared a major disaster under section 401 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) as a result of
Hurricane Maria.
(3) Covered hurricane disaster.--The term ``covered
hurricane disaster'' means a major disaster that the
President declared to exist, in accordance with section
401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170), and that was
caused by Hurricane Maria or Hurricane Irma.
----------
306. An Amendment To Be Offered by Representative Plaskett of the
Virgin Islands or Her Designee, Debatable for 10 Minutes
At the end of subtitle D of title VIII, add the following new
section:
SEC. 835. SMALL BUSINESSES IN TERRITORIES OF THE UNITED STATES.
(a) Definition of Covered Territory Business.--Section 3 of
the Small Business Act (15 U.S.C. 632) is amended by adding at
the end the following new subsection:
``(ff) Covered Territory Business.--In this Act, the term
`covered territory business' means a small business concern
that has its principal office located in one of the following:
``(1) The United States Virgin Islands.
``(2) American Samoa.
``(3) Guam.
``(4) The Northern Mariana Islands.''.
(b) Priority for Surplus Property Transfers.--Section
7(j)(13)(F)(iii) of the Small Business Act (15 U.S.C.
636(j)(13)(F)(iii)) is amended--
(1) in clause (I), by striking ``means'' and all that
follows through the period at the end and inserting the
following: ``means--
``(aa) in the case of
a Puerto Rico business,
the period beginning on
August 13, 2018, and
ending on the date on
which the Oversight
Board established under
section 2121 of title
48 terminates; and
``(bb) in the case of
a covered territory
business, the period
beginning on the date
of enactment of this
item and ending on the
date that is 4 years
after such date of
enactment.''; and
(2) in clause (II)--
(A) by inserting ``or a covered territory
business'' after ``a Puerto Rico business'';
and
(B) by striking ``the Puerto Rico business''
in both places it appears and inserting ``such
business''.
(c) Contracting Incentives for Protege Firms That Are Covered
Territory Businesses.--
(1) Contracting incentives.--Section 45(a) of the
Small Business Act (15 U.S.C. 657r(a)) is amended by
adding at the end the following new paragraph:
``(4) Covered territory businesses.--During the
period beginning on the date of enactment of this
paragraph and ending on the date that is 4 years after
such date of enactment, the Administrator shall
identify potential incentives to a covered territory
mentor that awards a subcontract to its covered
territory protege, including--
``(A) positive consideration in any past
performance evaluation of the covered territory
mentor; and
``(B) the application of costs incurred for
providing training to such covered territory
protege to the subcontracting plan (as required
under paragraph (4) or (5) of section 8(d)) of
the covered territory mentor.''.
(2) Mentor-protege relationships.--Section
45(b)(3)(A) of the Small Business Act (15 U.S.C.
657r(b)(3)(A)) is amended by striking ``relationships
are'' and all that follows through the period at the
end and inserting the following: ``relationships--
``(i) are between a covered protege
and a covered mentor; or
``(ii) are between a covered
territory protege and a covered
territory mentor.''.
(3) Definitions.--Section 45(d) of the Small Business
Act (15 U.S.C. 657r(d)) is amended by adding at the end
the following new paragraphs:
``(6) Covered territory mentor.--The term `covered
territory mentor' means a mentor that enters into an
agreement under this Act, or under any mentor-protege
program approved under subsection (b)(1), with a
covered territory protege.
``(7) Covered territory protege.--The term `covered
territory protege' means a protege of a covered
territory mentor that is a covered territory
business.''.
----------
307. An Amendment To Be Offered by Representative Porter of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title IX, add the following:
SEC. 1111. VACANCY OF INSPECTOR GENERAL POSITIONS.
(a) In General.--Section 3345 of title 5, United States Code,
is amended by adding at the end the following:
``(d)(1) Notwithstanding subsection (a), if an Inspector
General position that requires appointment by the President by
and with the advice and consent of the Senate to be filled is
vacant, the first assistant of such position shall perform the
functions and duties of the Inspector General temporarily in an
acting capacity subject to the time limitations of section
3346.
``(2) Notwithstanding subsection (a), if for purposes of
carrying out paragraph (1) of this subsection, by reason of
absence, disability, or vacancy, the first assistant to the
position of Inspector General is not available to perform the
functions and duties of the Inspector General, an acting
Inspector General shall be appointed by the President from
among individuals serving in an office of any Inspector
General, provided that--
``(A) during the 365-day period preceding the date of
death, resignation, or beginning of inability to serve
of the applicable Inspector General, the individual
served in a position in an office of any Inspector
General for not less than 90 days; and
``(B) the rate of pay for the position of such
individual is equal to or greater than the minimum rate
of pay payable for a position at GS-15 of the General
Schedule.''.
(b) Application.--The amendment made by subsection (a) shall
apply to any vacancy first occurring with respect to an
Inspector General position on or after the date of enactment of
this Act.
----------
308. An Amendment To Be Offered by Representative Porter of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title II, add the following new
section:
SEC. 2__. FUNDING FOR ARMY UNIVERSITY AND INDUSTRY RESEARCH CENTERS.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding table
in section 4201, for research, development, test, and
evaluation, Army, basic research, university and industry
research centers (PE 0601104A), line 004 is hereby increased by
$5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for operation and maintenance, Army, admin & servicewide
activities, servicewide communications, line 440 is hereby
reduced by $5,000,000.
----------
309. An Amendment To Be Offered by Representative Porter of California
or Her Designee, Debatable for 10 Minutes
At the end of title XVII, add the following new section:
SEC. 17__. CREDIT MONITORING.
Section 605A(k) of the Fair Credit Reporting Act (15 U.S.C.
1681c-1(k)) is amended by striking paragraph (4).
----------
310. An Amendment To Be Offered by Representative Porter of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title X, insert the following:
SEC. 17__. PUBLIC AVAILABILITY OF DEPARTMENT OF DEFENSE LEGISLATIVE
PROPOSALS.
Not later than seven days after the transmission to the
Committee on Armed Services of the Senate or the Committee on
Armed Services of the House of Representatives of any
Department of Defense legislative proposal, the Secretary of
Defense shall make publicly available on a website of the
Department such legislative proposal, including any bill text
and section-by-section analyses associated with the proposal.
----------
311. An Amendment To Be Offered by Representative Porter of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVII, add the following:
SEC. 17__. REPORT ON PREDATORY SOCIAL MEDIA AND THE MILITARY COMMUNITY.
(a) In General.--The Comptroller General of the United States
shall submit to Congress a report on risks facing service
members, military families, and separated veterans on social
media.
(b) Contents.--The report required under subsection (a) shall
include an analysis of the following:
(1) Content related to predatory loans or financial
or educational products.
(2) Content related unproven or unnecessary medical
treatments or procedures.
(3) Content related to ethnic or racial violent
extremism.
(4) The risks to readiness, morale, and national
security posed by such content.
(5) The ways in which social media algorithms may
amplify such content.
(6) The steps taken by social media companies and
executive agencies to address the risks posed by the
content described in paragraphs (1), (2), and (3).
(c) Form.--The report required under subsection (a) shall be
submitted in an unclassified form but may include a classified
annex.
(d) Executive Agency Defined.--In this section, the term
``executive agency'' means an executive department or
independent establishment in the executive branch of the
Federal Government.
----------
312. An Amendment To Be Offered by Representative Posey of Florida or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title I, add the following new
section:
SEC. 1__. BRIEFING ON PAYLOAD HOSTING ON MODULAR SUPERSONIC AIRCRAFT.
(a) Briefing Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of the Air
Force shall provide to the Committees on Armed Services of the
Senate and the House of Representatives a briefing on the
potential use of a modular civil supersonic aircraft to host
multiple mission payloads.
(b) Elements.--The briefing under subsection (a) shall
include an assessment of the potential of a repurposed civil
supersonic aircraft with a military-engineered front section as
a long-range, high-speed platform for the following uses:
(1) As a multi-payload disaggregated node in the
Joint All-Domain Command & Control architecture.
(2) As a host for a multi-mission directed energy
system.
(3) As an embedded or separated electronic warfare
escort.
(4) As a quick-response vehicle for missions
necessitating large and diverse payloads that preclude
fighter aircraft due to size, range or altitude.
(c) Limitation.--The briefing under subsection (a) shall not
affect, modify, or address any matter set forth in section 122
of the Report of the Committee on Armed Services of the House
of Representatives that accompanies this Act.
----------
313. An Amendment To Be Offered by Representative Reschenthaler of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title II, add the following new
section:
SEC. 2__. SENSE OF CONGRESS ON THE ADDITIVE MANUFACTURING AND MACHINE
LEARNING INITIATIVE OF THE ARMY.
It is the sense of Congress that--
(1) the additive manufacturing and machine learning
initiative of the Army has the potential to accelerate
the ability to deploy additive manufacturing
capabilities in expeditionary settings and strengthen
the United States defense industrial supply chain; and
(2) Congress and the Department of Defense should
continue to support the additive manufacturing and
machine learning initiative of the Army.
----------
314. An Amendment To Be Offered by Representative Reschenthaler of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title I, add the following new
section:
SEC. 1__. INVESTMENT AND SUSTAINMENT PLAN FOR PROCUREMENT OF CANNON
TUBES.
(a) Strategy Required.--The Secretary of the Army shall
develop a comprehensive, long-term strategy, which shall
include a risk assessment, gap analysis, proposed courses of
action, investment options, and a sustainment plan, for the
development, production, procurement and modernization of
cannon and large caliber weapons tubes that mitigates
identified risks and gaps to the Army and the defense
industrial base.
(b) Elements.--The strategy under subsection (a) shall
include the following:
(1) An assessment of the sufficiency of the cannon
tube industrial base to meet near and long-term
development and production requirements, including an
analysis of any capability or capacity gaps that may
exist currently or into the future given current and
planned program demands.
(2) An analysis of the resources required and planned
for the cannon tube industrial base across the future
years defense program.
(3) A detailed analysis and explanation of the
courses of action necessary to mitigate any existing or
projected future capability gaps and deficiencies,
including the establishment of a permanent or temporary
second source for cannon and large caliber weapons
tubes if advisable, feasible, suitable, and affordable.
(4) Funding and timelines associated with the
identification, qualification and sustainment of a
permanent or temporary second source for cannon and
large caliber weapons tubes through full and open
competition that would be required to mitigate
significant development, production, procurement, and
modernization risk in the cannon tube industrial base.
(5) Such other information as the Secretary of the
Army determines to be appropriate.
(c) Submittal to Congress.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of the Army
shall submit to the congressional defense committees a copy of
the strategy developed under subsection (a).
----------
315. An Amendment To Be Offered by Representative Reschenthaler of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. _. TRANSFER OF EXCESS NAVAL VESSELS TO THE GOVERNMENT OF EGYPT.
(a) Transfers by Grant.--The President is authorized to
transfer to the Government of Egypt the OLIVER HAZARD PERRY
class guided missile frigates ex-USS CARR (FFG-52) and ex-USS
ELROD (FFG-55) on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j) upon
submitting to the appropriate congressional committees a
certification described in subsection (b).
(b) Certification.--A certification described in this
subsection is a certification of the following:
(1) The President has received reliable assurances
that the Government of Egypt and any Egyptian state-
owned enterprise--
(A) are not engaged in activity subject to
sanctions under the Countering America's
Adversaries Through Sanctions Act (Public Law
115-44; 22 U.S.C. 9401 et seq.), including
activity related to Russian Su-35 warplanes;
and
(B) will not knowingly engage in activity
subject to sanctions under such Act in the
future.
(2) The Egyptian forces that will man the vessels
described in subsection (a) will be subject to the
requirements of section 620M of the Foreign Assistance
Act of 1961 (22 U.S.C. 2378d) and section 362 of title
10, United States Code (commonly referred to as the
``Leahy laws''), and to other human rights vetting
requirements to ensure that United States-funded
assistance is not provided to Egyptian security forces
that have committed gross violations of internationally
recognized human rights.
(3) The President has received reliable assurances
that the vessels described in subsection (a) will not
be used in any military operation in Libya or Libyan
territorial waters, except for those operations
conducted in coordination with the United States.
(c) Violations.--If the President determines after the
transfer of a vessel described in subsection (a) that the
conditions described in subsection (b) are no longer being met,
the President shall apply the provisions of section 3(c) of the
Arms Export Control Act (22 U.S.C. 2753(c)) with respect to
Egypt to the same extent and in the same manner as if Egypt had
committed a violation described in paragraph (1) of such
section.
(d) Grants Not Counted in Annual Total of Transferred Excess
Defense Articles.--The value of a vessel transferred to the
Government of Egypt on a grant basis pursuant to authority
provided under subsection (a) shall not be counted against the
aggregate value of excess defense articles transferred in any
fiscal year under section 516(g) of such Act (22 U.S.C.
2321j(g)).
(e) Costs of Transfers.--Notwithstanding section 516(e) of
such Act (22 U.S.C. 2321j(e)), any expense incurred by the
United States in connection with a transfer authorized under
subsection (a) shall be charged to the Government of Egypt.
(f) Repair and Refurbishment in United States Shipyards.--To
the maximum extent practicable, the President shall require, as
a condition of the transfer of a vessel under subsection (a),
that the Government of Egypt have such repair or refurbishment
of the vessel as is needed, before the vessel joins the naval
forces of Egypt, performed at a shipyard located in the United
States, including a United States Navy shipyard.
(g) Expiration of Authority.--The authority to transfer a
vessel under subsection (a) shall expire at the end of the 3-
year period beginning on the date of the enactment of this Act.
(h) Report.--Not later than 30 days before the transfer of a
vessel described in subsection (a), the President shall submit
to the appropriate congressional committees a report on how the
transfer of the vessel will help to alleviate United States
mission requirements in the Mediterranean Sea, the Bab el
Mandeb Strait, and the Red Sea.
(i) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(2) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.
----------
316. An Amendment To Be Offered by Representative Reschenthaler of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title II, add the following new
section:
SEC. ___. DESIGNATION OF ACADEMIC LIAISON TO PROTECT AGAINST EMERGING
THREATS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, acting
through the Under Secretary of Defense for Research and
Engineering, shall do the following:
(1) Designate an official serving within the Office
of the Under Secretary of Defense for Research and
Engineering to work with the academic and research
communities to protect academic research funded by the
Department of Defense from undue foreign influences and
threats.
(2) Set forth the responsibilities of the official
designated under paragraph (1), including--
(A) serving as the liaison of the Department
of Defense with the academic and research
communities;
(B) carrying out initiatives of the
Department related to the protection of
academic research funded by the Department from
undue foreign influences and threats, including
the initiatives established under section 1286
of the National Defense Authorization Act for
Fiscal Year 2019 (10 U.S.C. 2358 note);
(C) not less frequently than once a year,
conducting outreach and education activities
for the academic and research community about
undue foreign influences and threats to
academic research that is funded by the
Department;
(D) coordinating and aligning the policies
relating to academic research security of--
(i) the elements of the Department
specified in section 111(b) of title
10, United States Code;
(ii) the intelligence community;
(iii) Federal science agencies;
(iv) the Office of Science and
Technology Policy; and
(v) Federal regulatory agencies; and
(E) working with the intelligence community
to the maximum extent practicable to share with
the academic and research communities, at least
annually, unclassified information, including
counterintelligence information, on threats
from undue foreign influences.
(b) Rule of Construction.--Nothing in this section shall be
construed as authorizing the official designated under
subsection (a)(1) to classify academic research in a manner
that is inconsistent with the policies of the Department of
Defense or the National Security Decision Directive Numbered
189 of September 21, 1985, titled ``National Policy on the
Transfer of Scientific, Technical and Engineering
Information'', or any successor directive.
(c) Definitions.--In this section:
(1) Federal regulatory agencies.--The term ``Federal
regulatory agencies'' means the Department of Defense,
the Department of Commerce, the Department of State,
the Department of Justice, the Department of Energy,
the Department of the Treasury, the Department of
Homeland Security, and the National Archives and
Records Administration.
(2) Federal science agencies.--The term ``Federal
science agencies'' means each agency (as such term is
defined in section 551 of title 5, United States Code)
that obligated or expended not less than $100,000,000
in the previous fiscal year for research and
development.
(3) Intelligence community.--the term ``intelligence
community'' has the meaning given such term in section
3 of the National Security Act of 1947 (50 U.S.C.
3003).
----------
317. An Amendment To Be Offered by Representative Rice of New York or
Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, add the following new
section:
SEC. 8__. REPORT ON CERTAIN CONTRACTS RELATING TO CONSTRUCTION OR
MAINTENANCE OF A BORDER WALL.
The Secretary of Defense shall include on a public website of
the Department of Defense a list of any contracts, including
any task order contract (as such term is defined in section
2304d of title 10, United States Code) and any modifications to
a contract, entered into by the Secretary relating to the
construction or maintenance of a barrier along the
international border between the United States and Mexico that
have an estimated value equal to or greater than $7,000,000.
----------
318. An Amendment To Be Offered by Representative Rice of New York or
Her Designee, Debatable for 10 Minutes
Page 978, after line 16, add the following new section:
SEC. 1637. CISA CYBERSECURITY SUPPORT TO AGENCIES.
Section 3553(b) of title 44, United States Code, is amended--
(1) in paragraph (6)(D), by striking ``; and'' at the
end and inserting a semicolon;
(2) by redesignating paragraph (7) as paragraph (8);
(3) by inserting after paragraph (6) the following
new paragraph:
``(7) upon request by an agency, and at the
Secretary's discretion, with or without reimbursement--
``(A) providing services, functions, or
capabilities, including operation of the
agency's information security program, to
assist the agency with meeting the requirements
set forth in section 3554(b); and
``(B) deploying, operating, and maintaining
secure technology platforms and tools,
including networks and common business
applications, for use by the agency to perform
agency functions, including collecting,
maintaining, storing, processing, and analyzing
information; and''.
----------
319. An Amendment To Be Offered by Representative Richmond of Louisiana
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XVI the following:
SEC. 16__. ESTABLISHMENT IN DHS OF JOINT CYBER PLANNING OFFICE.
(a) Amendment.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by
adding at the end the following new section:
``SEC. 2215. JOINT CYBER PLANNING OFFICE.
``(a) Establishment of Office.--There is established in the
Agency an office for joint cyber planning (in this section
referred to as the `Office') to develop, for public and private
sector entities, plans for cyber defense operations, including
the development of a set of coordinated actions to protect,
detect, respond to, and recover from cybersecurity risks or
incidents or limit, mitigate, or defend against coordinated,
malicious cyber operations that pose a potential risk to
critical infrastructure or national interests. The Office shall
be headed by a Deputy Assistant Director of Joint Cyber
Planning (in this section referred to as the `Director') within
the Cybersecurity Division.
``(b) Planning and Execution.--In leading the development of
plans for cyber defense operations pursuant to subsection (a),
the Director shall--
``(1) coordinate with relevant Federal departments
and agencies to establish processes and procedures
necessary to develop and maintain ongoing coordinated
plans for cyber defense operations;
``(2) leverage cyber capabilities and authorities of
participating Federal departments and agencies, as
appropriate, in furtherance of plans for cyber defense
operations;
``(3) ensure that plans for cyber defense operations
are, to the greatest extent practicable, developed in
collaboration with relevant private sector entities,
particularly in areas in which such entities have
comparative advantages in limiting, mitigating, or
defending against a cybersecurity risk or incident or
coordinated, malicious cyber operation;
``(4) ensure that plans for cyber defense operations,
as appropriate, are responsive to potential adversary
activity conducted in response to United States
offensive cyber operations;
``(5) facilitate the exercise of plans for cyber
defense operations, including by developing and
modeling scenarios based on an understanding of
adversary threats to, vulnerability of, and potential
consequences of disruption or compromise of critical
infrastructure;
``(6) coordinate with and, as necessary, support
relevant Federal departments and agencies in the
establishment of procedures, development of additional
plans, including for offensive and intelligence
activities in support of cyber defense operations, and
creation of agreements necessary for the rapid
execution of plans for cyber defense operations when a
cybersecurity risk or incident or malicious cyber
operation has been identified; and
``(7) support public and private sector entities, as
appropriate, in the execution of plans developed
pursuant to this section.
``(c) Composition.--The Office shall be composed of--
``(1) a central planning staff; and
``(2) appropriate representatives of Federal
departments and agencies, including--
``(A) the Department;
``(B) United States Cyber Command;
``(C) the National Security Agency;
``(D) the Federal Bureau of Investigation;
``(E) the Department of Justice; and
``(F) the Office of the Director of National
Intelligence.
``(d) Consultation.--In carrying out its responsibilities
described in subsection (b), the Office shall regularly consult
with appropriate representatives of non-Federal entities, such
as--
``(1) State, local, federally-recognized Tribal, and
territorial governments;
``(2) information sharing and analysis organizations,
including information sharing and analysis centers;
``(3) owners and operators of critical information
systems; and
``(4) private entities; and
``(5) other appropriate representatives or entities,
as determined by the Secretary.
``(e) Interagency Agreements.--The Secretary and the head of
a Federal department or agency referred to in subsection (c)
may enter into agreements for the purpose of detailing
personnel on a reimbursable or non-reimbursable basis.
``(f) Definitions.--In this section:
``(1) Cyber defense operation.--The term `cyber
defense operation' means defensive activities performed
for a cybersecurity purpose.
``(2) Cybersecurity purpose.--The term `cybersecurity
purpose' has the meaning given such term in section 102
of the Cybersecurity Act of 2015 (contained in division
N of the Consolidated Appropriations Act, 2016 (Public
Law 114-113; 6 U.S.C. 1501)).
``(3) Cybersecurity risk; incident.--The terms
`cybersecurity risk' and `incident' have the meanings
given such terms in section 2209.
``(4) Information sharing and analysis
organization.--The term `information sharing and
analysis organization' has the meaning given such term
in section 2222(5).''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
is amended by inserting after the item relating to section 2214
the following new item:
``Sec. 2215. Joint cyber planning office.''.
____________________________________________________
320. An Amendment To Be Offered by Representative Richmond of Louisiana
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, insert the following:
SEC. 17__. DEPARTMENT OF HOMELAND SECURITY CISA DIRECTOR TERM
LIMITATION.
(a) In General.--Subsection (b) of section 2202 of the
Homeland Security Act of 2002 (6 U.S.C. 652) is amended by--
(1) redesignating paragraph (2) as paragraph (4); and
(2) inserting after paragraph (1) the following new
paragraphs:
``(2) Qualifications.--
``(A) In general.--The Director shall be
appointed from among individuals who have--
``(i) extensive knowledge in at least
two of the areas specified in
subparagraph (B); and
``(ii) not fewer than five years of
demonstrated experience in efforts to
foster coordination and collaboration
between the Federal Government, the
private sector, and other entities on
issues related to cybersecurity,
infrastructure security, or security
risk management.
``(B) Specified areas.--The areas specified
in this subparagraph are the following:
``(i) Cybersecurity.
``(ii) Infrastructure security.
``(iii) Security risk management.
``(3) Term.--Effective with respect to an individual
appointed to be the Director by the President, by and
with the advice and consent of the Senate, after the
date of the enactment of this paragraph, the term of
office of such an individual so appointed shall be five
years, and such an individual may not serve more than
two terms. The term of office of the individual serving
as the Director as of such date of enactment shall be
five years beginning on the date on which the Director
began serving.''.
(b) Change of Title of Assistant Director to Executive
Assistant Director.--
(1) Cybersecurity division.--Section 2203 of the
Homeland Security Act of 2002 (6 U.S.C. 653) is
amended--
(A) in subsection (a)--
(i) in the heading for paragraph (2),
by striking ``Assistant director'' and
inserting ``Executive assistant
director''; and
(ii) in paragraph (2), by striking
``Assistant Director for Cybersecurity
(in this section referred to as the
`Assistant Director')'' and inserting
``Executive Assistant Director for
Cybersecurity (in this section referred
to as the `Executive Assistant
Director')''; and
(B) by striking ``Assistant Director'' each
place it appears and inserting ``Executive
Assistant Director''.
(2) Infrastructure security division.--Section 2204
of the Homeland Security Act of 2002 (6 U.S.C. 654) is
amended--
(A) in subsection (a)--
(i) in the heading for paragraph (2),
by striking ``Assistant director'' and
inserting ``Executive assistant
director''; and
(ii) in paragraph (2), by striking
``Assistant Director for Infrastructure
Security (in this section referred to
as the `Assistant Director')'' and
inserting ``Executive Assistant
Director for Infrastructure Security
(in this section referred to as the
`Executive Assistant Director')''; and
(B) by striking ``Assistant Director'' each
place it appears and inserting ``Executive
Assistant Director''.
(c) Amendment Relating to Qualifications for Certain CISA
Executive Assistant Directors.--The Homeland Security Act of
2002 is amended--
(1) in subparagraph (B) of section 2203(a)(2) (6
U.S.C. 653(a)(2)), by striking ``President without the
advice and consent of the Senate'' and inserting
``Secretary''; and
(2) in subparagraph (B) of section 2204(a)(2) (6
U.S.C. 654(a)(2)), by striking ``President without the
advice and consent of the Senate'' and inserting
``Secretary''.
(d) Amendment to Position Level of CISA Director.--Subchapter
II of chapter 53 of title 5, United States Code, is amended--
(1) in section 5313, by inserting after
``Administrator of the Transportation Security
Administration.'' the following:
``Director, Cybersecurity and Infrastructure Security
Agency.''; and
(2) in section 5314, by striking ``Director,
Cybersecurity and Infrastructure Security Agency.''.
----------
321. An Amendment To Be Offered by Representative Riggleman of Virginia
or His Designee, Debatable for 10 Minutes
Add at the end the following:
DIVISION F--BANKING TRANSPARENCY FOR SANCTIONED PERSONS ACT OF 2019
SEC. 6001. SHORT TITLE.
This division may be cited as the ``Banking Transparency for
Sanctioned Persons Act of 2019''.
SEC. 6002. REPORT ON FINANCIAL SERVICES BENEFITTING STATE SPONSORS OF
TERRORISM, HUMAN RIGHTS ABUSERS, AND CORRUPT
OFFICIALS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary of the Treasury shall issue a report to the
Committees on Financial Services and Foreign Affairs of the
House of Representatives and the Committees on Banking,
Housing, and Urban Affairs and Foreign Relations of the Senate
that includes--
(1) a copy of any license issued by the Secretary in
the preceding 180 days that authorizes a financial
institution to provide financial services benefitting a
state sponsor of terrorism; and
(2) a list of any foreign financial institutions
that, in the preceding 180 days, knowingly conducted a
significant transaction or transactions, directly or
indirectly, for a sanctioned person included on the
Department of the Treasury's Specially Designated
Nationals And Blocked Persons List who--
(A) is owned or controlled by, or acts on
behalf of, the government of a state sponsor of
terrorism; or
(B) is designated pursuant to any of the
following:
(i) Section 404 of the Russia and
Moldova Jackson-Vanik Repeal and Sergei
Magnitsky Rule of Law Accountability
Act of 2012 (Public Law 112208).
(ii) Subtitle F of title XII of the
National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328,
the Global Magnitsky Human Rights
Accountability Act).
(iii) Executive Order No. 13818.
(b) Form of Report.--The report required under subsection (a)
shall be submitted in unclassified form but may contain a
classified annex.
SEC. 6003. WAIVER.
The Secretary of the Treasury may waive the requirements of
section 6002 with respect to a foreign financial institution
described in paragraph (2) of such section--
(1) upon receiving credible assurances that the
foreign financial institution has ceased, or will
imminently cease, to knowingly conduct any significant
transaction or transactions, directly or indirectly,
for a person described in subparagraph (A) or (B) of
such paragraph (2); or
(2) upon certifying to the Committees on Financial
Services and Foreign Affairs of the House of
Representatives and the Committees on Banking, Housing,
and Urban Affairs and Foreign Relations of the Senate
that the waiver is important to the national interest
of the United States, with an explanation of the
reasons therefor.
SEC. 6004. DEFINITIONS.
For purposes of this division:
(1) Financial institution.--The term ``financial
institution'' means a United States financial
institution or a foreign financial institution.
(2) Foreign financial institution.--The term
``foreign financial institution'' has the meaning given
that term under section 561.308 of title 31, Code of
Federal Regulations.
(3) Knowingly.--The term ``knowingly'' with respect
to conduct, a circumstance, or a result, means that a
person has actual knowledge, or should have known, of
the conduct, the circumstance, or the result.
(4) United states financial institution.--The term
``United States financial institution'' has the meaning
given the term ``U.S. financial institution'' under
section 561.309 of title 31, Code of Federal
Regulations.
SEC. 6005. SUNSET.
The reporting requirement under this division shall terminate
on the date that is the end of the 7-year period beginning on
the date of the enactment of this Act.
----------
322. An Amendment To Be Offered by Representative Rose of New York or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title VI, insert the following:
SEC. 6__. SINGLE MILITARY HOUSING AREA FOR EACH MUNICIPALITY WITH A
POPULATION GREATER THAN 500,000.
Section 403(b)(2) of title 37, United States Code is
amended--
(1) in the first sentence, by inserting ``(A)''
before ``The Secretary''; and
(2) by adding at the end the following:
``(B) No municipality with a population greater than 500,000
may be covered by more than one military housing area.''.
----------
323. An Amendment To Be Offered by Representative Rose of New York or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title VI, insert the following:
SEC. 6__. EXPANSION OF TRAVEL AND TRANSPORTATION ALLOWANCES TO INCLUDE
FARES AND TOLLS.
Section 452(c)(1) of title 37, United States Code, is amended
by inserting ``(including fares and tolls, without regard to
distance travelled)'' after ``transportation''.
----------
324. An Amendment To Be Offered by Representative Rouda of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII, add the following:
SEC. 746. REPORT ON LAPSES IN TRICARE COVERAGE FOR MEMBERS OF THE
NATIONAL GUARD AND RESERVE COMPONENTS.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate congressional committees
a report containing an analysis of each of the following:
(1) Any lapses in coverage under the TRICARE program
for a member of a reserve component that occurred
during the eight year period ending on the date of the
enactment of this Act and were caused by a change in
the duty status of such member, including an
identification of the total number of such lapses.
(2) The factors contributing to any such lapses,
including--
(A) technological factors, including factors
relating to outdated systems;
(B) human errors in processing changes in
duty status; and
(C) shortages in the level of administrative
staffing of the National Guard.
(3) How factors contributing to any such lapses were
identified under paragraph (2) and whether actions have
been taken to address the factors.
(4) The effect of any such lapses on--
(A) the delivery of health care benefits to
members of the reserve components and the
eligible dependents of such members; or
(B) force readiness and force retention.
(5) The parties responsible for identifying and
communicating to a member of a reserve component issues
relating to eligibility under the TRICARE program.
(6) The methods by which a member of a reserve
component, an eligible dependent of such member, or the
Secretary of Defense may verify the status of
enrollment in the TRICARE program regarding the member
before, during, and after a deployment of the member.
(7) The comparative effectiveness, with respect to
the delivery of health care benefits to a member of a
reserve component and eligible dependents of such
member, of--
(A) continuing the current process by which a
previously eligible member must transition from
coverage under TRICARE Reserve Select to
coverage under TRICARE Prime after a change to
active service in the duty status of such
member; and
(B) establishing a new process by which a
previously eligible member may remain covered
by TRICARE Reserve Select after a change to
active service in the duty status of such
member (whether by allowing a previously
eligible member to pay a premium for such
coverage or by requiring the Federal Government
to provide for such coverage).
(8) Whether the current process referred to in
paragraph (7)(A) negatively affects the delivery of
health care benefits as a result of transitions between
network providers.
(9) The actions necessary to prevent future
occurrences of such lapses, including legislative
actions.
(b) Definitions.--In this section:
(1) The term ``active service'' has the meaning given
that term in section 101(d) of title 10, United States
Code.
(2) The term ``appropriate congressional committees''
means the congressional defense committees (as defined
in section 101(a) of title 10, United States Code) and
the Committees on Veterans' Affairs of the House of
Representatives and the Senate.
(3) The term ``eligible dependent'' means a dependent
of a member of a reserve component--
(A) described in subparagraph (A), (D), or
(I) of section 1072(2) of title 10, United
States Code; and
(B) eligible for coverage under the TRICARE
Program.
(4) The term ``previously eligible member'' means a
member of a reserve component who was eligible for
coverage under TRICARE Reserve Select pursuant to
section 1076d of title 10, United States Code, prior to
a change to active service in the duty status of such
member.
(5) The terms ``TRICARE Prime'' and ``TRICARE
program'' have the meanings given those terms in
section 1072 of title 10, United States Code.
(6) The term ``TRICARE Reserve Select'' has the
meaning given that term in section 1076d(f) of title
10, United States Code.
----------
325. An Amendment To Be Offered by Representative Ruiz of California or
His Designee, Debatable for 10 Minutes
Add at the end of title VII the following new section:
SEC. 7__. REPORT ON RESEARCH AND STUDIES ON HEALTH EFFECTS OF BURN
PITS.
The Secretary of Defense shall submit to the congressional
defense committees and the Committees on Veterans' Affairs of
the House of Representatives and the Senate a detailed report
on the status, methodology, and culmination timeline of all the
research and studies being conducted to assess the health
effects of burn pits. The report shall include an
identification of any challenges and potential challenges with
respect to completing such research and studies and
recommendations to address such challenges.
----------
326. An Amendment To Be Offered by Representative Ruiz of California or
His Designee, Debatable for 10 Minutes
Add at the end of title VII the following new section:
SEC. 7__. MANDATORY TRAINING ON HEALTH EFFECTS OF BURN PITS.
The Secretary of Defense shall provide to each medical
provider of the Department of Defense mandatory training with
respect to the potential health effects of burn pits.
----------
327. An Amendment To Be Offered by Representative Ruiz of California or
His Designee, Debatable for 10 Minutes
At the end of title VII, add the following new section:
SEC. 7__. INCLUSION OF INFORMATION ON EXPOSURE TO OPEN BURN PITS IN
POSTDEPLOYMENT HEALTH REASSESSMENTS.
(a) In General.--The Secretary of Defense shall include in
postdeployment health reassessments conducted under section
1074f of title 10, United States Code, pursuant to a Department
of Defense Form 2796, or successor form, an independent and
conspicuous question regarding exposure of members of the Armed
Forces to open burn pits.
(b) Inclusion in Assessments by Military Departments.--The
Secretary of Defense shall ensure that the Secretary of each
military department includes a question regarding exposure of
members of the Armed Forces to open burn pits in any electronic
postdeployment health assessment conducted by that military
department.
(c) Open Burn Pit Defined.--In this section, the term ``open
burn pit'' has the meaning given that term in section 201(c) of
the Dignified Burial and Other Veterans' Benefits Improvement
Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note)
----------
328. An Amendment To Be Offered by Representative Ruiz of California or
His Designee, Debatable for 10 Minutes
At the end of title VII, add the following new section:
SEC. 7__. EXPANSION OF SCOPE OF DEPARTMENT OF VETERANS AFFAIRS OPEN
BURN PIT REGISTRY TO INCLUDE OPEN BURN PITS IN
EGYPT AND SYRIA.
Section 201(c)(2) of the Dignified Burial and Other Veterans'
Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C.
527 note) is amended, in the matter before subparagraph (A), by
striking ``or Iraq'' and inserting ``, Iraq, Egypt, or Syria''.
----------
329. An Amendment To Be Offered by Representative Ruppersberger of
Maryland or His Designee, Debatable for 10 Minutes
At the appropriate place in the bill, insert the following:
SEC. __. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY REVIEW.
(a) In General.--The Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security shall conduct a review of the ability of the
Cybersecurity and Infrastructure Security Agency to carry out
its mission requirements, as well as the recommendations
detailed in the U.S. Cyberspace Solarium Commission's Report
regarding the Agency.
(b) Elements of Review.--The review conducted in accordance
with 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 force structure assessment of the Cybersecurity
and Infrastructure Security Agency, including--
(A) a determination of the appropriate size
and composition of personnel to carry out the
mission requirements of the Agency, as well as
the recommendations detailed in the U.S.
Cyberspace Solarium Commission's Report
regarding the Agency;
(B) as assessment of whether existing
personnel are appropriately matched to the
prioritization of threats in the cyber domain
and risks to critical infrastructure;
(C) an assessment of whether the Agency has
the appropriate personnel and resources to--
(i) perform risk assessments, threat
hunting, and incident response to
support both private and public
cybersecurity;
(ii) carry out its responsibilities
related to the security of Federal
information and Federal information
systems (as such term is defined in
section 3502 of title 44, United States
Code); and
(iii) carry out its critical
infrastructure responsibilities,
including national risk management;
(D) an assessment of whether current
structure, personnel, and resources of regional
field offices are sufficient to carry out
Agency responsibilities and mission
requirements; and
(E) an assessment of current Cybersecurity
and Infrastructure Security Agency facilities,
including a review of the suitability of such
facilities to fully support current and
projected mission requirements nationally and
regionally, and recommendations regarding
future facility requirements.
(c) Submission of Review.--Not later than one year after the
date of the enactment of this Act, the Secretary of Homeland
Security shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report
detailing the result of the review conducted in accordance with
subsection (a), including recommendations to address any
identified gaps.
(d) General Services Administration Review.--
(1) Submission of assessment.--Upon submission to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate of the report
required under subsection (c), the Director of the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security shall submit to the
Administrator of the General Services Administration
the results of the assessment required under subsection
(b)(2)(E).
(2) Review.--The Administrator of the General
Services Administration shall--
(A) conduct a review of Cybersecurity and
Infrastructure Security Agency assessment
required under subsection (b)(2)(E); and
(B) 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
Federal departments and agencies.
(3) Submission of review.--Not later than 30 days
after receipt of the assessment under paragraph (1),
the Administrator of the General Services
Administration shall submit to the President, the
Secretary of Homeland Security, the Committee on
Homeland Security and Governmental Affairs of the
Senate, and the Committee on Homeland Security of the
House of Representatives the review required under
paragraph (2).
----------
330. An Amendment To Be Offered by Representative Sablan of the
Northern Mariana Islands or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VIII, add the follow new
section:
SEC. ___. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS FOR CERTAIN SMALL BUSINESS ADMINISTRATION
PROGRAMS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 21(a)--
(A) in paragraph (1), by inserting before
``The Administration shall require'' the
following: ``The previous sentence shall not
apply to an applicant that has its principal
office located in the Commonwealth of the
Northern Mariana Islands.''; and
(B) in paragraph (4)(C)(ix), by striking
``and American Samoa'' and inserting ``American
Samoa, and the Commonwealth of the Northern
Mariana Islands''; and
(2) in section 34(a)(9), by striking ``and American
Samoa'' and inserting ``American Samoa, and the
Commonwealth of the Northern Mariana Islands''.
----------
331. An Amendment To Be Offered by Representative Nicolas of Guam or
His Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, insert the following:
SEC. 17__. WORKFORCE ISSUES FOR MILITARY REALIGNMENTS IN THE PACIFIC.
Section 6(b)(1)(B)(i) of the Joint Resolution entitled ``A
Joint Resolution to approve the `Covenant To Establish a
Commonwealth of the Northern Mariana Islands in Political Union
With the United States of America', and for other purposes'',
approved March 24, 1976 (48 U.S.C. 1806(b)(1)(B)(i) is
amended--
(1) by striking ``contact'' and inserting
``contract'';
(2) by inserting ``supporting,'' after ``connected
to,'';
(3) by striking ``or'' before ``associated with'';
(4) by inserting ``or adversely affected by'' after
``associated with,''; and
(5) by inserting ``, with priority given to federally
funded military projects'' after ``and in the
Commonwealth''.
----------
332. An Amendment To Be Offered by Representative Schakowsky of
Illionis or Her Designee, Debatable for 10 Minutes
Page 637, after line 20, add the following:
SEC. 848. CONGRESSIONAL OVERSIGHT OF PRIVATE SECURITY CONTRACTOR
CONTRACTS.
(a) Report of Certain Contracts and Task Orders.--
(1) Requirement regarding contracts and task
orders.--The Inspector General of the Department of
Defense shall compile a report of the work performed or
to be performed under a covered contract during the
period beginning on October 1, 2001, and ending on the
last day of the month during which this Act is enacted
for work performed or work to be performed in areas of
contingency operations.
(2) Form of submissions.--The report required by
paragraph (1) shall be submitted in unclassified form,
to the maximum extent possible, but may contain a
classified annex, if necessary.
(b) Reports on Contracts for Work to Be Performed in Areas of
Contingency Operations and Other Significant Military
Operations.--The Inspector General of the Department of Defense
shall submit to each specified congressional committee a report
not later than 60 days after the date of the enactment of this
Act that contains the following information:
(1) The number of civilians performing work in areas
of contingency operations under covered contracts.
(2) The total cost of such covered contracts.
(3) The total number of civilians who have been
wounded or killed in performing work under such covered
contracts.
(4) A description of the disciplinary actions that
have been taken against persons performing work under
such covered contracts by the contractor, the United
States Government, or the government of any country in
which the area of contingency operations is located.
(c) Definitions.--In this section:
(1) Covered contract.--The term ``covered contract''
means a contract for private security entered into by
the Secretary of Defense in an amount greater than
$5,000,000.
(2) Contingency operation.--The term ``contingency
operation'' has the meaning provided by section
101(a)(13) of title 10, United States Code.
(3) Specified congressional committees.--The term
``specified congressional committees'' means the
Committees on Armed Services of the Senate and the
House of Representatives.
----------
333. An Amendment To Be Offered by Representative Schakowsky of
Illinois or Her Designee, Debatable for 10 Minutes
Page 573, after line 11, add the following:
SEC. 819A. REQUIREMENTS CONCERNING FORMER DEPARTMENT OF DEFENSE
OFFICIALS AND LOBBYING ACTIVITIES.
(a) Requirements.--
(1) In general.--Chapter 141 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 2410t. Defense contractors report: requirements concerning
former Department of Defense officials and lobbying
activities
``(a) In General.--Each contract for the procurement of goods
or services in excess of $10,000,000, other than a contract for
the procurement of commercial products or commercial services,
that is entered into by the Secretary of Defense shall include
a provision under which the contractor agrees to submit to the
Secretary of Defense, not later than April 1 of each year such
contract is in effect, a written report setting forth the
information required by subsection (b).
``(b) Report Contents.--Except as provided in subsection (c),
a report by a contractor under subsection (a) shall--
``(1) list the name of each person who--
``(A) is a former officer or employee of the
Department of Defense or a former or retired
member of the armed forces who served--
``(i) in an Executive Schedule
position under subchapter II of chapter
53 of title 5;
``(ii) in a position in the Senior
Executive Service under subchapter VIII
of chapter 53 of title 5;
``(iii) in a position compensated at
a rate of pay for grade O-6 or above
under section 201 of title 37; or
``(iv) as a program manager, deputy
program manager, procuring contracting
officer, administrative contracting
officer, source selection authority,
member of the source selection
evaluation board, or chief of a
financial or technical evaluation team
for such a contract; and
``(B) during the preceding calendar year was
provided compensation by the contractor, if
such compensation was first provided by the
contractor not more than four years after such
former officer or employee of the Department of
Defense, or such former or retired member of
the armed forces, left service in the
Department of Defense;
``(2) in the case of each person listed under
paragraph (1)(A)--
``(A) identify the department or entity in
which such person was employed or served on
active duty during the last two years of such
person's service with the Department of
Defense;
``(B) state such person's job title and
identify any project on which such person
performed any work or for which such person
provided any goods pursuant to a contract with
the Department of Defense during the last two
years of such person's service with the
Department; and
``(C) state such person's current job title
with the contractor and identify each project
on which such person has performed any work or
for which such person provided any goods on
behalf of the contractor; and
``(3) if the contractor is a client, include--
``(A) a statement that--
``(i) lists each specific issue for
which the contractor, any employee of
the contractor, or any lobbyist paid by
the contractor engaged in lobbying
activities directed at the Department
of Defense; and
``(ii) specifies the Federal rule or
regulation, Executive order, or other
program, policy, contract, or position
of the Department of Defense to which
the lobbying activities described in
clause (i) related;
``(iii) lists each lobbying activity
directed at the Department of Defense
that the contractor, any employee of
the contractor, or any lobbyist paid by
the contractor has engaged in on behalf
of the contractor, including--
``(I) each document prepared
by the contractor, any employee
of the contractor, or any
lobbyist paid by the contractor
that was submitted to an
officer or employee of the
Department of Defense by the
lobbyist;
``(II) each meeting that was
a lobbying contact with an
officer or employee of the
Department of Defense,
including the subject of the
meeting, the date of the
meeting, and the name and
position of each individual who
attended the meeting;
``(III) each phone call made
to an officer or employee of
the Department of Defense that
was a lobbying contact,
including the subject of the
phone call, the date of the
phone call, and the name and
position of each individual who
was on the phone call; and
``(IV) each electronic
communication sent to an
officer or employee of the
Department of Defense that was
a lobbying contact, including
the subject of the electronic
communication, the date of the
electronic communication, and
the name and position of each
individual who received the
electronic communication;
``(iv) lists the name of each
employee of the contractor who--
``(I) did not participate in
a lobbying contact with an
officer or employee of the
Department of Defense; and
``(II) engaged in lobbying
activities in support of a
lobbying contact with an
officer or employee of the
Department of Defense; and
``(v) describes the lobbying
activities referred to in clause
(iv)(II); and
``(B) a copy of any document transmitted to
an officer or employee of the Department of
Defense in the course of the lobbying
activities described in subparagraph
(A)(iv)(II).
``(c) Duplicate Information Not Required.--An annual report
submitted by a contractor pursuant to subsection (b) need not
provide information with respect to any former officer or
employee of the Department of Defense or former or retired
member of the armed forces if such information has already been
provided in a previous annual report filed by such contractor
under this section.
``(d) Public Access to Reports.--The Secretary of Defense
shall make any report described under subsection (a) publicly
available on a website of the Department of Defense not later
than 45 days after the receipt of such report.
``(e) Definitions.--In subsection (b)(3), the terms `client',
`lobbying activities', `lobbying contact', and `lobbyist' have
the meanings given the terms in section 3 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1603).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 141 of such title is amended by
adding at the end the following new item:
``Sec. 2410t. Defense contractors: requirements concerning former
Department of Defense officials.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act, and
shall apply with respect to contracts entered into on or after
that date.
----------
334. An Amendment To Be Offered by Representative Schiff of California
or His Designee, Debatable for 10 Minutes
Page 1115, after line 15, insert the following:
SEC. 1762. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF THE NAMES
OF THE LOST CREW MEMBERS OF THE U.S.S. FRANK E.
EVANS KILLED ON JUNE 3, 1969.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary of Defense shall authorize
the inclusion on the Vietnam Veterans Memorial Wall in the
District of Columbia of the names of the 74 crew members of the
U.S.S. Frank E. Evans killed on June 3, 1969.
(b) Required Consultation.--The Secretary of Defense shall
consult with the Secretary of the Interior, the American
Battlefield Monuments Commission, and other applicable
authorities with respect to any adjustments to the nomenclature
and placement of names pursuant to subsection (a) to address
any space limitations on the placement of additional names on
the Vietnam Veterans Memorial Wall.
(c) Nonapplicability of Commemorative Works Act.--Chapter 89
of title 40, United States Code (commonly known as the
``Commemorative Works Act''), shall not apply to any activities
carried out under subsection (a) or (b).
----------
335. An Amendment To Be Offered by Representative Schneider of Illinois
or His Designee, Debatable for 10 Minutes
Page 615, after line 16, insert the following:
SEC. 835. BOOTS TO BUSINESS PROGRAM.
Section 32 of the Small Business Act (15 U.S.C. 657b) is
amended by adding at the end the following new subsection:
``(h) Boots to Business Program.--
``(1) Covered individual defined.--In this
subsection, the term `covered individual' means--
``(A) a member of the Armed Forces, including
the National Guard or Reserves;
``(B) an individual who is participating in
the Transition Assistance Program established
under section 1144 of title 10, United States
Code;
``(C) an individual who--
``(i) served on active duty in any
branch of the Armed Forces, including
the National Guard or Reserves; and
``(ii) was discharged or released
from such service under conditions
other than dishonorable; and
``(D) a spouse or dependent of an individual
described in subparagraph (A), (B), or (C).
``(2) Establishment.--Beginning on the first October
1 after the enactment of this subsection and for the
subsequent 4 fiscal years, the Administrator shall
carry out a program to be known as the `Boots to
Business Program' to provide entrepreneurship training
to covered individuals.
``(3) Goals.--The goals of the Boots to Business
Program are to--
``(A) provide assistance and in-depth
training to covered individuals interested in
business ownership; and
``(B) provide covered individuals with the
tools, skills, and knowledge necessary to
identify a business opportunity, draft a
business plan, identify sources of capital,
connect with local resources for small business
concerns, and start up a small business
concern.
``(4) Program components.--
``(A) In general.--The Boots to Business
Program may include--
``(i) a presentation providing
exposure to the considerations involved
in self-employment and ownership of a
small business concern;
``(ii) an online, self-study course
focused on the basic skills of
entrepreneurship, the language of
business, and the considerations
involved in self-employment and
ownership of a small business concern;
``(iii) an in-person classroom
instruction component providing an
introduction to the foundations of self
employment and ownership of a small
business concern; and
``(iv) in-depth training delivered
through online instruction, including
an online course that leads to the
creation of a business plan.
``(B) Collaboration.--The Administrator may--
``(i) collaborate with public and
private entities to develop course
curricula for the Boots to Business
Program; and
``(ii) modify program components in
coordination with entities
participating in a Warriors in
Transition program, as defined in
section 738(e) of the National Defense
Authorization Act for Fiscal Year 2013
(10 U.S.C. 1071 note).
``(C) Use of resource partners.--
``(i) In general.--The Administrator
shall--
``(I) ensure that Veteran
Business Outreach Centers
regularly participate, on a
nationwide basis, in the Boots
to Business Program; and
``(II) to the maximum extent
practicable, use a variety of
other resource partners and
entities in administering the
Boots to Business Program.
``(ii) Grant authority.--In carrying
out clause (i), the Administrator may
make grants to Veteran Business
Outreach Centers, other resource
partners, or other entities to carry
out components of the Boots to Business
Program.
``(D) Availability to department of
defense.--The Administrator shall make
available to the Secretary of Defense
information regarding the Boots to Business
Program, including all course materials and
outreach materials related to the Boots to
Business Program, for inclusion on the website
of the Department of Defense relating to the
Transition Assistance Program, in the
Transition Assistance Program manual, and in
other relevant materials available for
distribution from the Secretary of Defense.
``(E) Availability to veterans affairs.--In
consultation with the Secretary of Veterans
Affairs, the Administrator shall make available
for distribution and display at local
facilities of the Department of Veterans
Affairs outreach materials regarding the Boots
to Business Program which shall, at a minimum--
``(i) describe the Boots to Business
Program and the services provided; and
``(ii) include eligibility
requirements for participating in the
Boots to Business Program.
``(5) Report.--Not later than 180 days after the date
of the enactment of this subsection and every year
thereafter, the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House
of Representatives a report on the performance and
effectiveness of the Boots to Business Program, which
may be included as part of another report submitted to
such Committees by the Administrator, and which shall
include--
``(A) information regarding grants awarded
under paragraph (4)(C);
``(B) the total cost of the Boots to Business
Program;
``(C) the number of program participants
using each component of the Boots to Business
Program;
``(D) the completion rates for each component
of the Boots to Business Program;
``(E) to the extent possible--
``(i) the demographics of program
participants, to include gender, age,
race, relationship to military,
military occupational specialty, and
years of service of program
participants;
``(ii) the number of small business
concerns formed or expanded with
assistance under the Boots to Business
Program;
``(iii) the gross receipts of small
business concerns receiving assistance
under the Boots to Business Program;
``(iv) the number of jobs created
with assistance under the Boots to
Business Program;
``(v) the number of referrals to
other resources and programs of the
Administration;
``(vi) the number of program
participants receiving financial
assistance under loan programs of the
Administration;
``(vii) the type and dollar amount of
financial assistance received by
program participants under any loan
program of the Administration; and
``(viii) results of participant
satisfaction surveys, including a
summary of any comments received from
program participants;
``(F) an evaluation of the effectiveness of
the Boots to Business Program in each region of
the Administration during the most recent
fiscal year;
``(G) an assessment of additional performance
outcome measures for the Boots to Business
Program, as identified by the Administrator;
``(H) any recommendations of the
Administrator for improvement of the Boots to
Business Program, which may include expansion
of the types of individuals who are covered
individuals;
``(I) an explanation of how the Boots to
Business Program has been integrated with other
transition programs and related resources of
the Administration and other Federal agencies;
and
``(J) any additional information the
Administrator determines necessary.''.
----------
336. An Amendment To Be Offered by Representative Schneider of Illinois
or His Designee, Debatable for 10 Minutes
In section 536(c)--
(1) strike ``and'' at the end of paragraph (1);
(2) redesignate paragraph (2) as paragraph (3); and
(3) insert after paragraph (1) the following new
paragraph:
(2) the number of individuals discharged from the
covered Armed Forces due to activities prohibited under
Department of Defense Instruction 1325.06 and a
description of the circumstances that led to such
discharges; and
----------
337. An Amendment To Be Offered by Representative Schrader of Oregon or
His Designee, Debatable for 10 Minutes
Page 476, after line 7, insert the following:
SEC. __. BASIC ALLOWANCE FOR HOUSING.
Section 403 of title 37, United States Code, is amended by
adding at the end the following:
``(p) Information on Rights and Protections Under
Servicemembers Civil Relief Act.--The Secretary of Defense
shall provide to each member of a uniformed service who
receives a basic allowance for housing under this section
information on the rights and protections available to such
member under the Servicemembers Civil Relief Act (50 U.S.C.
3901 et seq.).''.
----------
338. An Amendment To Be Offered by Representative Schrader of Oregon or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVII, insert the following:
SEC. 17__. REPORT ON TRANSFORMING BUSINESS PROCESSES FOR REVOLUTIONARY
CHANGE.
(a) Report Required.--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
efforts of the Secretary to implement the recommendations set
forth in the study conducted by the Defense Business Board
titled ``Transforming Department of Defense's Core Business
Processes for Revolutionary Change''.
(b) Elements.--The report required under subsection (a) shall
include--
(1) a description of the actions carried out by the
Secretary of Defense to implement the recommendations
set forth in the study described in subsection (a);
(2) identification of the specific recommendations,
if any, that have been implemented by the Secretary;
(3) the amount of any cost savings achieved as a
result of implementing such recommendations;
(4) identification of any recommendations that have
not been implemented; and
(5) alternative recommendations that may help the
Department of Defense achieve $125,000,000,000 in cost
savings over the period of five fiscal years beginning
after the year in which the report is submitted.
----------
339. An Amendment To Be Offered by Representative Schrier of Washington
or Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, insert the following:
SEC. 336. ASSESSMENT OF DEPARTMENT OF DEFENSE EXCESS PROPERTY PROGRAMS
WITH RESPECT TO NEED AND WILDFIRE RISK.
(a) Assessment of Programs.--
(1) In general.--The Secretary of Defense, acting
through the Director of the Defense Logistics Agency,
jointly with the Secretary of Agriculture, acting
through the Chief of the Forest Service, shall assess
the Firefighter Property Program (FFP) and the Federal
Excess Personal Property Program (FEPP) implementation
and best practices, taking into account community need
and risk, including whether a community is an at-risk
community (as defined in section 101(1) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511(1)).
(2) Collaboration.--In carrying out the assessment
required under paragraph (1), the Secretary of Defense,
acting through the Director of the Defense Logistics
Agency, and the Secretary of Agriculture, acting
through the Chief of the Forest Service, shall consult
with State foresters and participants in the programs
described in such paragraph.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through
the Director of the Defense Logistics Agency, jointly with the
Secretary of Agriculture, acting through the Chief of the
Forest Service, shall submit to the Committee on Armed Services
and the Committee on Agriculture of the House of
Representatives and the Committee on Armed Services and the
Committee on Agriculture, Forestry, and Nutrition of the Senate
a report on the assessment required under paragraph (1) of
subsection (a) and any findings and recommendations with
respect to the programs described in such paragraph.
----------
340. An Amendment To Be Offered by Representative Schrier of Washington
or Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title V of the bill, insert the
following:
SEC. 5__. IMPROVEMENTS TO PARTNER CRITERIA OF THE MILITARY SPOUSE
EMPLOYMENT PARTNERSHIP PROGRAM.
(a) Evaluation; Updates.--Not later than 160 days after the
date of the enactment of this Act, the Secretary of Defense
shall evaluate the partner criteria set forth in the Military
Spouse Employment Partnership Program and implement updates
that the Secretary determines will improve such criteria
without diminishing the need for partners to exhibit sound
business practices, broad diversity efforts, and relative
financial stability. Such updates shall expand the number of
the following entities that meet such criteria:
(1) Institutions of primary, secondary, and higher
education.
(2) Software and coding companies.
(3) Local small businesses.
(4) Companies that employ telework.
(b) New Partnerships.--Upon completion of the evaluation
under subsection (a), the Secretary, in cooperation with the
Department of Labor, shall seek to enter into agreements with
entities described in paragraphs (1) through (4) of subsection
(a) that are located near military installations (as that term
is defined in section 2687 of title 10, United States Code).
(c) Review; Report.--Not later than one year after
implementation under subsection (a), the Secretary shall review
updates under subsection (a) and publish a report regarding
such review on a publicly-accessible website of the Department
of Defense. Such report shall include the following:
(1) Military spouse employment rates related to types
of entities described in subsection (a).
(2) Application rates, website clicks, and other
basic metrics that measure the interest level of
military spouses in types of entities described in
subsection (a).
(3) Recommendations for increasing military spouse
employment opportunities in the types of entities
described in subsection (a).
----------
341. An Amendment To Be Offered by Representative Schweikert of Arizona
or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII, add the following new
section:
SEC. __. STUDY AND REPORT ON INCREASING TELEHEALTH SERVICES ACROSS
ARMED FORCES.
(a) Study.--The Secretary of Defense shall conduct a study
that reviews, identifies, and evaluates the technology
approaches, policies, and concepts of operations of telehealth
and telemedicine programs across all military departments. The
study shall include:
(1) Identification and evaluation of limitations and
vulnerabilities of healthcare and medicine capabilities
as they relate to telemedicine.
(2) Identification and evaluation of essential
technologies needed to achieve documented goals and
capabilities of telehealth and associated technologies
required to support sustainability.
(3) Development of a technology maturation roadmap,
including an estimated funding profile over time,
needed to achieve an effective operational telehealth
usage that describes both the critical and associated
supporting technologies, systems integration,
prototyping and experimentation, and test and
evaluation.
(4) An analysis of telehealth programs, such as
remote diagnostic testing and evaluation tools that
contribute to the medical readiness of military medical
providers.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Congressional defense committees the study conducted under
subsection (a).
----------
342. An Amendment To Be Offered by Representative Schweikert of Arizona
or His Designee, Debatable for 10 Minutes
Page 1115, after line 5, insert the following:
SEC. 1762. STUDY ON VIABILITY OF SEAWATER MINING FOR CRITICAL MINERALS.
(a) Finding.--The Congress finds that--
(1) extracting minerals from seawater has the
potential to provide a domestic source for minerals
that are critical to the defense industrial base of the
United States, which would reduce the dependence of the
United States on imports of the minerals while
strengthening the national security and the defense
industrial base of the United States;
(2) the cost of extracting uranium from seawater has
dropped significantly to nearly $400 per kilogram; and
(3) extracting uranium from seawater is an
environmentally friendly, emerging technology solution
that has the potential to transform how uranium is
extracted.
(b) Study.--Within 60 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation with the
head of any other relevant Federal agency and relevant
stakeholders, shall conduct a study of the viability of
extracting minerals, such as uranium, that are critical to the
defense industrial base of the United States, from seawater.
(c) Report.--Within 1 year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committee on Armed Services and the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Armed Services and the Committee on Environment
and Public Works of the Senate a written report which contains
the results of the study required by subsection (b).
----------
343. An Amendment To Be Offered by Representative Schweikert of Arizona
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XVI the following:
SEC. 16__. IMPLEMENTATION OF CERTAIN CYBERSECURITY RECOMMENDATIONS;
CYBER HYGIENE AND CYBERSECURITY MATURITY MODEL
CERTIFICATION FRAMEWORK.
(a) Report on Implementation of Certain Cybersecurity
Recommendations.--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 regarding the
plans of the Secretary to implement certain cybersecurity
recommendations to ensure--
(1) the Chief Information Officer of the Department
of Defense takes appropriate steps to ensure
implementation of DC3I tasks;
(2) Department components develop plans with
scheduled completion dates to implement any remaining
CDIP tasks overseen by the Chief Information Officer;
(3) the Deputy Secretary of Defense identifies a
Department component to oversee the implementation of
any CDIP tasks not overseen by the Chief Information
Officer and reports on progress relating to such
implementation;
(4) Department components accurately monitor and
report information on the extent that users have
completed Cyber Awareness Challenge training, as well
as the number of users whose access to the Department
network was revoked because such users have not
completed such training;
(5) the Chief Information Officer ensures all
Department components, including DARPA, require their
users to take Cyber Awareness Challenge training;
(6) a Department component is directed to monitor the
extent to which practices are implemented to protect
the Department's network from key cyberattack
techniques; and
(7) the Chief Information Officer assesses the extent
to which senior leaders of the Department have more
complete information to make risk-based decisions, and
revise the recurring reports (or develop a new report)
accordingly, including information relating to the
Department's progress on implementing--
(A) cybersecurity practices identified in
cyber hygiene initiatives; and
(B) cyber hygiene practices to protect
Department networks from key cyberattack
techniques.
(b) Report on Cyber Hygiene and Cybersecurity Maturity Model
Certification Framework.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees and the Comptroller General of the United
States a report on the cyber hygiene practices of the
Department of Defense and the extent to which such
practices are effective at protecting Department
missions, information, system and networks. The report
shall include the following:
(A) An assessment of each Department
component's compliance with the requirements
and levels identified in the Cybersecurity
Maturity Model Certification framework.
(B) For each Department component that does
not achieve the requirements for ``good cyber
hygiene'' as defined in CMMC Model Version
1.02, a plan for how that component will
implement security measures to bring it into
compliance with good cyber hygiene requirements
within one year, and a strategy for mitigating
potential vulnerabilities and consequences
until such requirements are implemented.
(2) Comptroller general review.--Not later than 180
days after the submission of the report required under
paragraph (1)), the Comptroller General of the United
States shall conduct an independent review of the
report and provide a briefing to the congressional
defense committees on the findings of the review.
----------
344. An Amendment To Be Offered by Representative Shalala of Florida or
Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, add the following new
section:
SEC. 17__. RESTRICTIONS ON CONFUCIUS INSTITUTES.
(a) Restrictions on Confucius Institutes.--An institution of
higher education or other postsecondary educational institution
(referred to in this section as an ``institution'') shall not
be eligible to receive Federal funds from the Department of
Defense, other than educational assistance funds that are
provided directly to students, unless--
(1) the institution submits any contract or agreement
between the institution and a Confucius Institute to
the National Academies of Sciences, Engineering, and
Medicine; and
(2) the National Academies of Sciences, Engineering,
and Medicine issues a written determination that the
contract or agreement includes clear provisions that--
(A) protect academic freedom at the
institution;
(B) prohibit the application of any foreign
law on any campus of the institution; and
(C) grant full managerial authority of the
Confucius Institute to the institution,
including full control over what is being
taught, the activities carried out, the
research grants that are made, and who is
employed at the Confucius Institute.
(b) Confucius Institute Defined.--In this section, the term
``Confucius Institute'' means a cultural institute directly or
indirectly funded by the Government of the People's Republic of
China.
(c) Funding.--
(1) Increase.--Notwithstanding the amounts set forth
in the funding tables in division D, the amount
authorized to be appropriated in section 201 for
research, development, test, and evaluation, as
specified in the corresponding funding table in section
4201, for research, development, test, and evaluation,
Defense-wide, basic research, basic research
initiatives (PE 0601110D8Z), line 003 is hereby
increased by $1,000,000 (to be used in support of the
National Academies of Sciences, Engineering, and
Medicine assessments under subsection (a)).
(2) Offset.--Notwithstanding the amounts set forth in
the funding tables in division D, the amount authorized
to be appropriated in section 301 for operation and
maintenance as specified in the corresponding funding
table in section 4301, for operation and maintenance,
Defense-wide, admin & servicewide activities, Defense
Information Systems Agency, line 280 is hereby reduced
by $1,000,000.
----------
345. An Amendment To Be Offered by Representative Shalala of Florida or
Her Designee, Debatable for 10 Minutes
Page 470, after line 6, insert the following new section (and
conform the table of contents accordingly):
SEC. 626. EXTENSION OF COMMISSARY AND EXCHANGE BENEFITS FOR SURVIVING
REMARRIED SPOUSES WITH DEPENDENT CHILDREN OF A
MEMBER OF THE ARMED FORCES WHO DIES WHILE ON ACTIVE
DUTY OR CERTAIN RESERVE DUTY.
(a) Procedures for Access of Surviving Remarried Spouses
Required.--The Secretary of Defense, acting jointly with the
Secretary of Homeland Security, shall establish procedures by
which an eligible remarried spouse may obtain unescorted
access, as appropriate, to military installations in order to
use commissary stores and MWR retail facilities to the same
extent and on the same basis as an unremarried surviving spouse
of a member of the uniformed services is entitled to by law or
policy.
(b) Considerations.-- Any procedures established under this
section shall--
(1) be applied consistently across the Department of
Defense and the Department of Homeland Security,
including all components of the Departments;
(2) minimize any administrative burden on surviving
remarried spouse or dependent child, including through
the elimination of any requirement for a remarried
spouse to apply as a personal agent for continued
access to military installations in accompaniment of a
dependent child;
(3) take into account measures required to ensure the
security of military installations, including purpose
and eligibility for access and renewal periodicity; and
(4) take into account such other factors as the
Secretary of Defense or the Secretary of Homeland
Security considers appropriate.
(c) Deadline.--The procedures required by subsection (a)
shall be established by the date that is not later than one
year after the date of the enactment of this section.
(d) Definitions.--In this section--
(1) the term ``eligible remarried spouse'' means an
individual who is a surviving former spouse of a
covered member of the Armed Forces, who has remarried
after the death of the covered member of the Armed
Forces and has guardianship of dependent children of
the deceased member;
(2) the term ``covered member of the Armed Forces''
means a member of the Armed Forces who dies while
serving--
(A) on active duty; or
(B) on such reserve duty as the Secretary of
Defense and the Secretary of Homeland Security
may jointly specify for purposes of this
section.
----------
346. An Amendment To Be Offered by Representative Sherman of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. _. LIMITATION ON PRODUCTION OF NUCLEAR PROLIFERATION ASSESSMENT
STATEMENTS.
(a) Limitation.--The Secretary of State may not provide to
the President, and the President may not submit to Congress, a
Nuclear Proliferation Assessment Statement described in
subsection a. of section 123 of the Atomic Energy Act of 1954
(42 U.S.C. 2153) with respect to a proposed cooperation
agreement with any country that has not signed and implemented
an Additional Protocol with the International Atomic Energy
Agency, other than a country with which, as of July 1, 2020,
there is in effect a civilian nuclear cooperation agreement
pursuant to such section 123.
(b) Waiver.--The limitation under subsection (a) shall be
waived with respect to a particular country if--
(1) the President submits to the appropriate
congressional committees a request to enter into a
proposed cooperation agreement with such country that
includes a report describing the manner in which such
agreement would advance the national security and
defense interests of the United States and not
contribute to the proliferation of nuclear weapons; and
(2) there is enacted a joint resolution approving the
waiver of such limitation with respect to such
agreement.
(c) Form.--The report described in subsection (b) shall be
submitted in unclassified form but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) ) the Committee on Energy and Commerce, the
Committee on Foreign Affairs, and the Permanent Select
Committee on Intelligence of the House of
Representatives; and
(3) the Committee on Energy and Natural Resources,
the Committee on Foreign Relations, and the Select
Committee on Intelligence of the Senate.
----------
347. An Amendment To Be Offered by Representative Sherman of California
or His Designee, Debatable for 10 Minutes
In subtitle E of title XVII, add at the end the following:
SEC. __. DISCLOSURE REQUIREMENT.
(a) In General.--Section 104 of the Sarbanes-Oxley Act of
2002 (15 U.S.C. 7214) is amended by adding at the end the
following:
``(i) Disclosure Regarding Foreign Jurisdictions That Prevent
Inspections.--
``(1) Definitions.--In this subsection--
``(A) the term `covered issuer' means an
issuer that is required to file reports under
section 13 or 15(d) of the Securities Exchange
Act of 1934 (15 U.S.C. 78m, 78o(d)); and
``(B) the term `non-inspection year' means,
with respect to a covered issuer, a year--
``(i) during which the Commission
identifies the covered issuer under
paragraph (2)(A) with respect to every
report described in subparagraph (A)
filed by the covered issuer during that
year; and
``(ii) that begins after the date of
enactment of this subsection.
``(2) Disclosure to commission.--The Commission
shall--
``(A) identify each covered issuer that, with
respect to the preparation of the audit report
on the financial statement of the covered
issuer that is included in a report described
in paragraph (1)(A) filed by the covered
issuer, retains a registered public accounting
firm that has a branch, office, or affiliate
that--
``(i) is located in a foreign
jurisdiction;
``(ii) performs more than one-third
of the audit services for the audit
report of the covered issuer; and
``(iii) the Board is unable to
inspect or investigate completely
because of a position taken by an
authority in the foreign jurisdiction
described in clause (i), as determined
by the Board; and
``(B) require each covered issuer identified
under subparagraph (A) to, in accordance with
rules issued by the Commission, submit to the
Commission documentation to determine whether
the covered issuer is owned or controlled by a
governmental entity in the foreign jurisdiction
described in subparagraph (A)(i).
``(3) Trading prohibition after 3 years of non-
inspections.--
``(A) In general.--If the Commission
determines that a covered issuer has 3
consecutive non-inspection years, the
Commission shall prohibit the securities of the
covered issuer from being traded--
``(i) on a national securities
exchange; or
``(ii) through any other method that
is within the jurisdiction of the
Commission to regulate, including
through the method of trading that is
commonly referred to as the `over-the-
counter' trading of securities.
``(B) Removal of initial prohibition.--If,
after the Commission imposes a prohibition on a
covered issuer under subparagraph (A), the
covered issuer certifies to the Commission that
the covered issuer has retained a registered
public accounting firm that the Board has
inspected under this section to the
satisfaction of the Commission, the Commission
shall end that prohibition.
``(C) Recurrence of non-inspection years.--
If, after the Commission ends a prohibition
under subparagraph (B) or (D) with respect to a
covered issuer, the Commission determines that
the covered issuer has a non-inspection year,
the Commission shall prohibit the securities of
the covered issuer from being traded--
``(i) on a national securities
exchange; or
``(ii) through any other method that
is within the jurisdiction of the
Commission to regulate, including
through the method of trading that is
commonly referred to as the `over-the-
counter' trading of securities.
``(D) Removal of subsequent prohibition.--If,
after the end of the 5-year period beginning on
the date on which the Commission imposes a
prohibition on a covered issuer under
subparagraph (C), the covered issuer certifies
to the Commission that the covered issuer will
retain a registered public accounting firm that
the Board is able to inspect and investigate,
the Commission shall end that prohibition.''.
(b) Additional Disclosure.--
(1) Definitions.--In this section--
(A) the term ``audit report'' has the meaning
given the term in section 2(a) of the Sarbanes-
Oxley Act of 2002 (15 U.S.C. 7201(a));
(B) the term ``Commission'' means the
Securities and Exchange Commission;
(C) the term ``covered form''--
(i) means--
(I) the form described in
section 249.310 of title 17,
Code of Federal Regulations, or
any successor regulation; and
(II) the form described in
section 249.220f of title 17,
Code of Federal Regulations, or
any successor regulation; and
(ii) includes a form that--
(I) is the equivalent of, or
substantially similar to, the
form described in subclause (I)
or (II) of clause (i); and
(II) a foreign issuer files
with the Commission under the
Securities Exchange Act of 1934
(15 U.S.C. 78a et seq.) or
rules issued under that Act;
(D) the terms ``covered issuer'' and ``non-
inspection year'' have the meanings given the
terms in subsection (i)(1) of section 104 of
the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7214), as added by subsection (a) of this
section; and
(E) the term ``foreign issuer'' has the
meaning given the term in section 240.3b-4 of
title 17, Code of Federal Regulations, or any
successor regulation.
(2) Requirement.--Each covered issuer that is a
foreign issuer and for which, during a non-inspection
year with respect to the covered issuer, a registered
public accounting firm described in subsection
(i)(2)(A) of section 104 of the Sarbanes-Oxley Act of
2002 (15 U.S.C. 7214), as added by subsection (a) of
this section, has prepared an audit report shall
disclose in each covered form filed by that issuer that
covers such a non-inspection year--
(A) that, during the period covered by the
covered form, such a registered public
accounting firm has prepared an audit report
for the issuer;
(B) the percentage of the shares of the
issuer owned by governmental entities in the
foreign jurisdiction in which the issuer is
incorporated or otherwise organized;
(C) whether governmental entities in the
applicable foreign jurisdiction with respect to
that registered public accounting firm have a
controlling financial interest with respect to
the issuer;
(D) the name of each official of the Chinese
Communist Party who is a member of the board of
directors of--
(i) the issuer; or
(ii) the operating entity with
respect to the issuer; and
(E) whether the articles of incorporation of
the issuer (or equivalent organizing document)
contains any charter of the Chinese Communist
Party, including the text of any such charter.
(c) Rulemaking.--Not later than 90 days after the date of
enactment of this Act, the Commission shall issue rules to
implement this section, and the amendments made by this
section, consistent with the Commission's mandate, including--
(1) the protection of investors; and
(2) maintaining fair, orderly, and efficient markets.
----------
348. An Amendment To Be Offered by Representative Sherrill of New
Jersey or Her Designee, Debatable for 10 Minutes
At the appropriate place in title II, add the following new
section:
SEC. 2__. TRAINEESHIPS FOR AMERICAN LEADERS TO EXCEL IN NATIONAL
TECHNOLOGY AND SCIENCE.
(a) In General.--The Secretary of Defense, acting through the
Under Secretary of Defense for Research and Engineering, shall
establish a traineeship program to expand Department of Defense
access to domestic scientific and technological talent in areas
of strategic importance to national security.
(b) Designation.--The traineeship program established under
subsection (a) shall be known as the ``Traineeships for
American Leaders to Excel in National Technology and Science''
or ``TALENTS program'' (referred to in this section as the
``traineeship program'').
(c) Program Priorities.--The Secretary, in consultation with
the Defense Science Board and the Defense Innovation Board,
shall determine the multidisciplinary fields of study on which
the traineeship program will focus and, in making such
determination, shall consider the core modernization priorities
derived from the most recent national defense strategy provided
under section 113(g) of title 10, United States Code.
(d) Participating Institutions.--The Secretary shall
establish partnerships with not fewer than ten eligible
institutions selected by the Secretary for the purposes of the
program under subsection (a).
(e) Partnership Activities.--The activities conducted under
the partnerships under subsection (d) between an eligible
institution and the Department of Defense shall include--
(1) providing traineeships led by faculty for
eligible students described in subsection (h); and
(2) establishing scientific or technical internship
programs for such students.
(f) Preference in Selection of Institutions.--In establishing
partnerships under subsection (d), the Secretary shall
consider--
(1) the relevance of the eligible institution's
proposed partnership to existing and anticipated
strategic national needs, as determined under
subsection (c);
(2) the ability of the eligible institution to
effectively carry out the proposed partnership;
(3) the geographic location of an eligible
institution as it relates to the need of the Department
of Defense to develop specific workforce capacity and
skills within a particular region of the country;
(4) whether the eligible institution is a covered
minority institution;
(5) the extent to which the eligible institution's
proposal would--
(A) include students underrepresented in the
fields of science, technology, engineering, and
mathematics; or
(B) involve partnering with one or more
covered minority institutions; and
(6) the integration of internship opportunities into
the program provided by the eligible institution,
including internships with government laboratories,
non-profit research organizations, and for-profit
commercial entities.
(g) Grants.--
(1) In general.--The Secretary may provide grants to
individuals who are eligible students described in
subsection (h) to--
(A) participate in activities under
subsection (e);
(B) pay tuition, fees, and other costs
associated with participating in such
activities;
(C) pay other costs associated with
participating in the traineeship program; and
(D) pay costs associated with other
scientific or technical internship or
fellowship programs.
(2) Award totals.--The total amount of grants awarded
to individuals at an eligible institution under this
section in each fiscal year shall not exceed
$1,000,000.
(3) Duration.--The duration of each grant under this
section shall not exceed four years.
(h) Eligible Students.--In order to receive any grant under
this section, a student shall--
(1) be a citizen or national of the United States or
a permanent resident of the United States;
(2) be enrolled or accepted for enrollment at an
eligible institution in a masters or doctoral degree
program in a field of study determined under subsection
(c); and
(3) if the student is presently enrolled at an
institution, be maintaining satisfactory progress in
the course of study the student is pursuing in
accordance section 484(c) of the Higher Education Act
of 1965 (20 U.S.C. 1091(c)).
(i) Preferential Federal Government Hiring.--The Secretary,
in coordination with the Director of the Office of Personnel
Management, shall develop and implement a process by which
traineeship program participants shall receive preferred
consideration in hiring activities conducted by the Department
of Defense and each Department of Defense Laboratory.
(j) Definitions.--In this section:
(1) The term ``eligible institution'' means an
institution of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C.
1001)).
(2) The term ``covered minority institution'' has the
meaning given the term ``covered institution'' in
section 262(g)(2) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C.
2362 note).
(3) The term ``Department of Defense Laboratory''
means--
(A) a laboratory operated by the Department
of Defense or owned by the Department of
Defense and operated by a contractor; or
(B) a facility of a Defense Agency (as
defined in section 101(a) of title 10, United
States Code) at which research and development
activities are conducted.
----------
349. An Amendment To Be Offered by Representative Sires of New Jersey
or His Designee, Debatable for 10 Minutes
Page 872, after line 9, insert the following new section (and
conform the table of contents accordingly):
SEC. 1273. REPORT ON MEXICAN SECURITY FORCES.
(a) Report.--Not later than 90 days after enactment of this
act, the Secretary of Defense and the Secretary of State, in
coordination with other appropriate officials, shall jointly
submit to the appropriate congressional committees a report
containing a comprehensive assessment of ongoing support and a
strategy for future cooperation between the United States
government and the Mexican security forces including the
Mexican National Guard, federal, state, and municipal law
enforcement.
(b) Matters To Be Included.--The report under subsection (a)
shall include, at minimum, the following:
(1) Department of Defense and Department of State
strategy and timeline for assistance to Mexican
security forces, including detailed areas of assistance
and a plan to align the strategy with Mexican
government priorities; .
(2) Description of the transfer of U.S.-supported
equipment from the Federal Police and armed forces to
the National Guard, if any, and any resources
originally provided for the Federal Police and armed
forces that are now in use by the National Guard.
(3) Dollar amounts of any assistance provided or to
be provided to each of the Mexican security forces, and
any defense articles, training, and other services
provided or to be provided to each of the Mexican
security forces.
(4) Department of Defense and Department of State
plans for all U.S. training for Mexican security
forces, including training in human rights, proper use
of force, de-escalation, investigation and evidence-
gathering, community relations, and anti-corruption.
(5) An assessment of the National Guard's adherence
to human rights standards, including the adoption of
measures to ensure accountability for human rights
violations and the development of a human rights
training curriculum.
(6) Department of Defense and Department of State
plans to support external monitoring and strengthen
internal control mechanisms within each of the Mexican
security forces including the Mexican National Guard,
federal, state, and municipal law enforcement,
including the internal affairs unit.
(7) Information on Mexico's security budget and
contributions to strengthening security cooperation
with the United States; and (8) Information on security
assistance Mexico may be receiving from other
countries.
(c) Form.--The report required under subsection (a) may be
submitted in classified form with an unclassified summary.
(d) Appropriate Congressional Committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs and the Armed Services Committee of the House
of Representatives and the Committee on Foreign Relations and
the Armed Services Committee of the Senate.
----------
350. An Amendment To Be Offered by Representative Slotkin of Michigan
or Her Designee, Debatable for 10 Minutes
At the end of subtitle D of title XII, add the following new
section:
SEC. 12__. REPORT ON THREATS TO THE UNITED STATES ARMED FORCES FROM THE
RUSSIAN FEDERATION.
(a) Report.--Not later than 120 days after the date of the
enactment of this act, the Secretary of Defense, in
consultation with the Director of National Intelligence and the
Secretary of State, shall submit to the appropriate
congressional committees a report on all threats to the United
States Armed Forces and personnel of the United States from the
Russian Federation and associated agents, entities, and
proxies.
(b) Elements.--The report under subsection (a) shall include
the following:
(1) An assessment of all threats to the United States
Armed Forces and personnel of the United States from
Russia and associated agents, entities, and proxies in
all theaters where United States Armed Forces are
engaged.
(2) A description of all actions taken to ensure
force protection of both the United States Armed Forces
and diplomats of the United States.
(3) A description of non-military actions taken to
emphasize to Russia that the United States will not
tolerate threats to the armed forces of the United
States, the allies of the United States, and the
diplomats and operations of the United States.
(c) Form.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) The Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on
Intelligence of the Senate.
----------
351. An Amendment To Be Offered by Representative Slotkin of Michigan
or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XVI the following:
SEC. 16__. BIENNIAL NATIONAL CYBER EXERCISE.
(a) Requirement.--Not later than December 31, 2023, and not
less frequently than once every two years thereafter until a
date that is not less than 10 years after the date of enactment
of this Act, the Secretary, in consultation with the Secretary
of Defense, shall conduct an exercise to test the resilience,
response, and recovery of the United States in the case of a
significant cyber attack impacting critical infrastructure.
(b) Planning and Preparation.--Each exercise under subsection
(a) shall be coordinated through the Joint Cyber Planning
Office of the Cybersecurity and Infrastructure Security
Planning Agency and prepared by expert operational planners
from the Department of Homeland Security, in coordination with
the Department of Defense, the Federal Bureau of Investigation,
and the appropriate intelligence community elements, as
identified by the Director of National Intelligence.
(c) Participants.--
(1) Federal government participants.--The following
shall participate in each exercise under subsection
(a):
(A) Relevant interagency partners, as
determined by the Secretary, including relevant
interagency partners from--
(i) law enforcement agencies; and
(ii) the intelligence community.
(B) Senior leader representatives from
sector-specific agencies, as determined by the
Secretary.
(2) State and local governments.--The Secretary shall
invite representatives from State, local, and Tribal
governments to participate the exercises under
subsection (a) if the Secretary determines such
participation to be appropriate.
(3) Private sector.--Depending on the nature of an
exercise being conducted under subsection (a), the
Secretary, in consultation with the senior leader
representative of the sector-specific agencies
participating in such exercise pursuant to paragraph
(1)(A)(ii), shall invite the following individuals to
participate:
(A) Representatives from private entities.
(B) Other individuals that the Secretary
determines.
(4) International partners.--Depending on the nature
of an exercise being conducted under subsection (a),
the Secretary may, in consultation with the Secretary
of Defense and the Secretary of State, invite allies
and partners of the United States to participate in
such exercise.
(d) Observers.--The Secretary shall invite appropriately
cleared representatives from the executive and legislative
branches of the Federal Government to observe an exercise under
subsection (a).
(e) Elements.--Each exercise under subsection (a) shall
include the following elements:
(1) Exercising the orchestration of cybersecurity
response and the provision of cyber support to Federal,
State, local, and Tribal governments and private
entities, including the exercise of the command and
control and deconfliction of operational responses
through the National Security Council, interagency
coordinating processes and response groups, and each
participating department and agency of the Federal
Government.
(2) Testing of the information-sharing needs and
capabilities of exercise participants.
(3) Testing of the relevant policy, guidance, and
doctrine, including the National Cyber Incident
Response Plan of the Cybersecurity and Infrastructure
Security Agency of the Department of Homeland Security.
(4) Test the coordination between Federal, State,
local, and Tribal governments and private entities.
(5) Exercising the integration of operational
capabilities of the Department of Homeland Security,
the Cyber National Mission Force, Federal law
enforcement, and the intelligence community.
(6) Test relevant information sharing and operational
agreements.
(7) Exercising integrated operations, mutual support,
and shared situational awareness of the cybersecurity
operations centers of the Federal Government, including
the following:
(A) The Cybersecurity and Infrastructure
Security Agency.
(B) The Cyber Threat Operations Center of the
National Security Agency.
(C) The Joint Operations Center of United
States Cyber Command.
(D) The Cyber Threat Intelligence Integration
Center of the Office of the Director of
National Intelligence.
(E) The National Cyber Investigative Joint
Task Force of the Federal Bureau of
Investigation.
(F) The Defense Cyber Crime Center of the
Department of Defense.
(G) The Intelligence Community Security
Coordination Center of the Office of the
Director of National Intelligence.
(f) Briefing.--
(1) In general.--Not later than 180 days after the
date on which each exercise under subsection (a) is
conducted, the President shall submit to the
appropriate congressional committees a briefing on the
participation of the Federal Government participants in
each such exercise.
(2) Contents.--Each briefing required under paragraph
(1) shall include the following:
(A) An assessment of the decision and
response gaps observed in the national level
response.
(B) Proposed recommendations to improve the
resilience, response, and recovery in the case
of a significant cyber attack impacting
critical infrastructure.
(C) Plans to implement the recommendations
described in subparagraph (B).
(D) Specific timelines for the implementation
of such plans.
(g) Repeal.--Subsection (b) of section 1648 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 129 Stat. 1119) is repealed.
(h) National Cyber Exercise Program.--
(1) In general.--Not later than 180 days after the
date of the enactment of this section, the Director, in
consultation with appropriate representatives from
sector-specific agencies, the cybersecurity research
community, and Sector Coordinating Councils, shall
carry out the National Cyber Exercise Program (referred
to in this section as the ``Exercise Program'') to
evaluate the National Cyber Incident Response Plan, and
other related plans and strategies.
(2) Requirements.--
(A) In general.--The Exercise Program shall
be--
(i) as realistic as practicable,
based on current risk assessments,
including credible threats,
vulnerabilities, and consequences;
(ii) designed, as practicable, to
simulate the partial or complete
incapacitation of a State, local, or
tribal government, or related critical
infrastructure, resulting from a cyber
incident;
(iii) carried out, as appropriate,
with a minimum degree of notice to
involved parties regarding the timing
and details of such exercises,
consistent with safety considerations;
(iv) designed to provide for the
systematic evaluation of cyber
readiness and enhance operational
understanding of the cyber incident
response system and relevant
information sharing agreements; and
(v) designed to promptly develop
after-action reports and plans that can
be quickly incorporating lessons
learned into future operations.
(B) Model exercise selection.--The Exercise
Program shall include a selection of model
exercises that State, local, and Tribal
governments can readily adapt for use and aid
such governments with the design,
implementation, and evaluation of exercises
that--
(i) conform to the requirements under
subparagraph (A);
(ii) are consistent with any
applicable State, local, or Tribal
strategy or plan; and
(iii) provide for systematic
evaluation of readiness.
(i) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the
Senate;
(B) the Committee on Armed Services of the
House of Representatives;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(D) the Committee on Homeland Security of the
House of Representatives.
(2) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in
section 1016(e) of Public Law 107-56 (42 U.S.C.
5195c(e)).
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section
3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4)).
(4) Private entity.--The term ``private entity'' has
the meaning given the term in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501).
(5) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
(6) Sector-specific agency.--The term ``sector-
specific agency'' has the meaning given the term
``Sector-Specific Agency'' in section 2201 of the
Homeland Security Act of 2002 (6 U.S.C. 651).
(7) State.--The term ``State'' means any State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Northern Mariana
Islands, the United States Virgin Islands, Guam,
American Samoa, and any other territory or possession
of the United States.
----------
352. An Amendment To Be Offered by Representative Smith of New Jersey
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, insert the following:
SEC. 17__. INCREASED REALISM AND TRAINING EFFECTIVENESS FOR AIRBORNE
ANTI-SUBMARINE WARFARE TRAINING AT OFFSHORE
TRAINING RANGES.
(a) In General.--The Secretary of Defense shall provide for
greater training effectiveness for aircrews by procuring
contract services that will realistically simulate real-world,
manned submersible, diesel-powered vessels that are very
similar to third-world and near-peer adversaries.
(b) Goals and Best Practices.--In carrying out subsection
(a), the Secretary shall apply the following goals and best
practices:
(1) Provide for on-demand services available on
training range scheduling services within 3 days of
training exercises.
(2) Meet the demand for scalable, highly relevant,
and robust training assets for use by fixed and rotary-
wing Navy anti-submarine communities on both coasts.
(3) Minimize the use of foreign naval vessels,
reserving them only for large, joint and allied
exercises.
(4) Ensure that such vessels are classed for use on
sea-based ranges and equipped for safe operation with
Unite States naval air, surface, and submarine forces.
----------
353. An Amendment To Be Offered by Representative Smith of New Jersey
or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVII, add the following new
section:
SEC. __. REVIEW AND REPORT OF EXPERIMENTATION WITH TICKS AND INSECTS.
(a) Review.--The Comptroller General of the United States
shall conduct a review of whether the Department of Defense
experimented with ticks, other insects, airborne releases of
tick-borne bacteria, viruses, pathogens, or any other tick-
borne agents regarding use as a biological weapon between the
years of 1950 and 1977.
(b) Report.--If the Comptroller General of the United States
finds that any experiment described under subsection (a)
occurred, the Comptroller General shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report on--
(1) the scope of such experiment; and
(2) whether any ticks, insects, or other vector-borne
agents used in such experiment were released outside of
any laboratory by accident or experiment design.
----------
354. An Amendment To Be Offered by Representative Soto of Florida or
His Designee, Debatable for 10 Minutes
Page 157, line 10, insert ``advantaged sensor
manufacturing,'' after ``heterogeneous integration,''.
----------
355. An Amendment To Be Offered by Representative Soto of Florida or
His Designee, Debatable for 10 Minutes
Page 144, line 8, strike ``biotechnology,'' and insert
``biotechnology, distributed ledger technology,''.
----------
356. An Amendment To Be Offered by Representative Soto of florida or
His Designee, Debatable for 10 Minutes
At the end of subtitle E of title II, add the following new
section:
SEC. 2__. BRIEFING AND REPORT ON USE OF DISTRIBUTED LEDGER TECHNOLOGY
FOR DEFENSE PURPOSES.
(a) Briefing Required.--
(1) In general.--Not later than 30 days after the
date of the enactment of this Act, Under Secretary of
Defense for Research and Engineering shall provide to
the congressional defense committees a briefing on the
potential use of distributed ledger technology for
defense purposes.
(2) Elements.--This briefing under paragraph (1)
shall include--
(A) an explanation of how distributed ledger
technology may be used by the Department of
Defense to--
(i) improve cybersecurity, beginning
at the hardware level, of vulnerable
assets such as energy, water, and
transport grids through distributed
versus centralized computing;
(ii) reduce single points of failure
in emergency and catastrophe decision-
making by subjecting decisions to
consensus validation through
distributed ledger technologies;
(iii) improve the efficiency of
defense logistics and supply chain
operations;
(iv) enhance the transparency of
procurement auditing; and
(v) allow innovations to be adapted
by the private sector for ancillary
uses; and
(B) any other information that the Under
Secretary of Defense for Research and
Engineering determines to be appropriate.
(b) Report Required.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Under Secretary
of Defense for Research and Engineering shall submit to
the congressional defense committees a report on the
research, development, and use of distributed ledger
technologies for defense purposes.
(2) Elements.--The report under paragraph (1) shall
include--
(A) a summary of the key points from the
briefing provided under subsection (a);
(B) an analysis of activities that other
countries, including the People's Republic of
China and the Russian Federation, are carrying
out with respect to the research and
development of distributed ledger technologies,
including estimates of the types and amounts of
resources directed by such countries to such
activities;
(C) recommendations identifying additional
research and development activities relating to
distributed ledger technologies that should be
carried out by the Department of Defense and
cost estimates for such activities; and
(D) an analysis of the potential benefits
of--
(i) consolidating research on
distributed ledger technologies within
the Department; and
(ii) developing within the Department
a single hub or center of excellence
for research on distributed ledger
technologies; and
(E) any other information that the Under
Secretary of Defense for Research and
Engineering determines to be appropriate.
----------
357. An Amendment To Be Offered by Representative Spanberger of
Virginia or Her Designee, Debatable for 10 Minutes
Page 204, line 20, strike ``and''.
Page 205, beginning on line 5, strike clause (iii) and insert
the following new clause (iii):
(iii) conflicts or disputes, emerging
threats, and instability caused or
exacerbated by climate change,
including tensions related to drought,
famine, infectious disease,
geoengineering, energy transitions,
extreme weather, migration, and
competition for scarce resources;
Page 205, line 21, insert ``health of military personnel,
including'' before ``mitigation of''.
Page 205, line 21, insert ``infectious diseases,'' after
``mitigation of''.
Page 205, line 24, insert ``, air pollution,'' after ``dust
generation''.
Page 207, after line 8, insert the following:
(viii) geoengineering and energy
transitions;
Page 207, line 9, strike ``(vii)'' and insert ``(viii)''.
Page 207, line 11, strike ``(viii)'' and insert ``(ix)''.
Page 207, line 14, strike ``(ix)'' and insert ``(x)''.
Page 208, line 19, strike the period and insert ``; and''.
Page 208, after line 19, insert the following:
(3) a list of the ten most concerning existing or
emerging conflicts or threats that pose a risk to the
security of the United States that may be exacerbated
by climate change.
----------
358. An Amendment To Be Offered by Representative Spanberger of
Virginia or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII add the following:
SEC. 1762. REVIEW OF USE OF INNOVATIVE WOOD PRODUCT TECHNOLOGY.
(a) In General.--The Secretary of Defense, in collaboration
with the Secretary of Agriculture, shall review the potential
to incorporate innovative wood product technologies (such as
mass timber and cellulose nanomaterials) in constructing or
renovating facilities owned or managed by the Department of
Defense.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall submit to
the Committee on Armed Services and the Committee on
Agriculture of the House of Representatives and the Committee
on Armed Services and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that--
(1) includes the findings of the review required
under subsection (a); and
(2) identifies any barriers to incorporating
innovative wood product technologies (such as mass
timber and cellulose nanomaterials) in constructing or
renovating facilities owned or managed by the
Department of Defense.
----------
359. An Amendment To Be Offered by Representative Speier of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle D of title V, add the following new
section:
SEC. 5__. QUALIFICATIONS OF JUDGES AND STANDARD OF REVIEW FOR COURTS OF
CRIMINAL APPEALS.
(a) Qualifications of Certain Judges.--Section 866(a) of
title 10, United States Code (article 66(a) of the Uniform Code
of Military Justice), is amended--
(1) by striking ``Each Judge'' and inserting:
``(1) In general.--Each Judge''; and
(2) by adding at the end the following new paragraph:
``(2) Additional qualifications.--In addition to any
other qualifications specified in paragraph (1), any
commissioned officer or civilian assigned as an
appellate military judge to a Court of Criminal Appeals
shall have not fewer than 12 years of experience in the
practice of law before such assignment.''.
(b) Standard of Review.--Paragraph (1) of section 866(d) of
title 10, United States Code (article 66(d) of the Uniform Code
of Military Justice), is amended to read as follows:
``(1) Cases appealed by accused.--
``(A) In general.--In any case before the
Court of Criminal Appeals under subsection (b),
the Court may act only with respect to the
findings and sentence as entered into the
record under section 860c of this title
(article 60c). The Court may affirm only such
findings of guilty, and the sentence or such
part or amount of the sentence, as the Court
finds correct in law, and in fact in accordance
with subparagraph (B), and determines, on the
basis of the entire record, should be approved.
``(B) Factual sufficiency review.--
``(i) In an appeal of a finding of
guilty or sentence under paragraphs
(1)(A), (1)(B), or (2) of subsection
(b), the Court may consider whether the
finding is correct in fact upon request
of the accused if the accused makes a
specific showing of a deficiency in
proof.
``(ii) After an accused has made such
a showing, the Court may weigh the
evidence and determine controverted
questions of fact subject to--
``(I) appropriate deference
to the fact that the trial
court saw and heard the
witnesses and other evidence;
and
``(II) appropriate deference
to findings of fact entered
into the record by the military
judge.
``(iii) If, as a result of the review
conducted under clause (ii), the Court
is clearly convinced that the finding
of guilty or sentence was against the
weight of the evidence, the Court may
dismiss or set aside the finding, or
affirm a lesser finding.
``(C) Review by full court.--Any
determination by the Court that a finding was
clearly against the weight of the evidence
under subparagraph (B) shall be reviewed by the
Court sitting as a whole.''.
(c) Inclusion of Additional Information in Annual Reports.--
Section 946a(b)(2) of title 10, United States Code (article
146a(b)(2) of the Uniform Code of Military Justice), is
amended--
(1) in subparagraph (B), by striking ``and'' at the
end;
(2) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following new
subparagraph:
``(D) An analysis of each case in which a
Court of Criminal Appeals made a final
determination that a finding of a court-martial
was clearly against the weight of the evidence,
including an explanation of the standard of
appellate review applied in such case.''.
----------
360. An Amendment To Be Offered by Representative Speier of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle J of title V, insert the following:
SEC. 5__. GAO STUDY OF MEMBERS ABSENT WITHOUT LEAVE OR ON UNAUTHORIZED
ABSENCE.
(a) Study; Report.--Not later than September 30, 2021, the
Comptroller General of the United States shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report containing the results of a study
regarding how the Armed Forces handle cases of members absent
without leave or on unauthorized absence.
(b) Elements.--The study under this section shall include the
following:
(1) The procedures and guidelines established by each
Armed Force for the investigation of such a case.
(2) The guidelines for distinguishing between--
(A) common cases;
(B) cases that may involve foul play or
accident; and
(C) cases wherein the member may be in
danger.
(3) The current guidelines for cooperation and
coordination between military investigative agencies
and--
(A) local law enforcement agencies; and
(B) Federal law enforcement agencies.
(4) The current guidelines for use of traditional and
social media in conjunction with such cases.
(5) Military resources available for such cases and
any apparent shortfalls in such resources.
(6) How the procedures for such cases vary between
Armed Forces.
(7) How the procedures described in paragraph (6)
vary from procedures used by local and Federal law
enforcement.
(8) Best practices for responding to and
investigating such cases.
(9) Any other matter the Comptroller General
determines appropriate.
----------
361. An Amendment To Be Offered by Representative Speier of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title V, insert the following:
SEC. 5__. CONFIDENTIAL REPORTING OF SEXUAL HARASSMENT.
(a) Establishment.--Chapter 80 of title 10, United States
Code, is amended by inserting after section 1561a the following
new section:
``Sec. 1561b. Confidential reporting of sexual harassment
``(a) Establishment.--Notwithstanding section 1561 of this
title, the Secretary of Defense shall prescribe regulations
establishing a process by which a member of an armed force
under the jurisdiction of the Secretary of a military
department may confidentially allege a complaint of sexual
harassment to an individual outside the immediate chain of
command of that member.
``(b) Investigation.--An individual designated to receive
complaints under subsection (a)--
``(1) shall maintain the confidentiality of the
member alleging the complaint;
``(2) shall provide to the member alleging the
complaint the option--
``(A) to file a formal or informal report of
sexual harassment; and
``(B) to include reports related to such
complaint in the Catch a Serial Offender
Program; and
``(3) shall provide to the commander of the
complainant a report--
``(A) regarding the complaint; and
``(B) that does not contain any personally
identifiable information regarding the
complainant.
``(c) Education; Tracking; Reporting.--The Secretary of
Defense shall--
``(1) educate members under the jurisdiction of the
Secretary of a military department regarding the
process established under this section; and
``(2) track complaints alleged pursuant to the
process established under this section; and
``(3) submit annually to the Committees on Armed
Services of the Senate and House of Representatives a
report containing data (that does not contain any
personally identifiable information) relating to such
complaints.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1561b the following new item:
``1561b. Confidential reporting of sexual harassment.''.
(c) Implementation.--The Secretary shall carry out section
1561b of title 10, United States Code, as added by subsection
(a), not later than one year after the date of the enactment of
this Act.
----------
362. An Amendment To Be Offered by Representative Speier of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, insert the following:
SEC. 12__. STRATEGY TO INCREASE PARTICIPATION IN INTERNATIONAL MILITARY
EDUCATION AND TRAINING PROGRAMS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act the Secretary of State, in coordination
with the Secretary of Defense, shall submit to the appropriate
congressional committees a plan to increase the number of
foreign female participants receiving training under the
International Military Education and Training program
authorized under chapter 5 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347 et seq.) and any other military
exchange program offered to foreign participants, with the goal
of doubling such participation over the 10-year period
beginning on the date of the enactment of this Act.
(b) Interim Progress Reports.--Not later than 2 years after
the date of the submission of the plan required by subsection
(a), and every 2 years thereafter until the end of the 10-year
period beginning on the date of the enactment of this Act, the
Secretary of State, in coordination with the Secretary of
Defense, shall submit to the appropriate congressional
committees a report that includes the most recently available
data on foreign female participation in activities conducted
under the International Military Education and Training program
and any other military exchange programs and describes the
manner and extent to which the goal described in subsection (a)
has been achieved as of the date of the submission of the
report.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate.
----------
363. An Amendment To Be Offered by Representative Stanton of Arizona or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title XVI the following new
section:
SEC. 1644. BRIEFING ON NUCLEAR WEAPONS STORAGE AND MAINTENANCE
FACILITIES OF THE AIR FORCE.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Air Force shall provide to the
congressional defense committees a briefing on the efforts by
the Secretary to harden and modernize the nuclear weapons
storage and maintenance facilities of the Air Force. The
briefing shall include the plans of the Secretary with respect
to the following:
(1) Verifying that the Air Force is deploying tested
and field-proven physical security designs of such
facilities, including with respect to forced entry,
blast and ballistic resistant barrier systems, that
incorporate multiple reactive countermeasures for
protection against the dedicated adversary threat
classification level.
(2) Streamlining the procurement of the
infrastructure to protect ground-based strategic
deterrent weapons by ensuring that the physical
security designs of such facilities are appropriately
tailored to the threat.
(3) Ensuring that competitive procedures are used in
awarding a contract for the physical security design of
such facilities that include a fair consideration of
such designs that are successfully used at other
similar facilities.
(4) Ensuring that the physical security design for
which such contract is awarded--
(A) meets the security requirements of all
planned modernization projects for the nuclear
weapons storage and maintenance facilities of
the Air Force; and
(B) do not result in higher and additional
costs to shore up existing infrastructure at
such facilities.
----------
364. An Amendment To Be Offered by Representative Stefanik of New York
or Her Designee, Debatable for 10 Minutes
After section 265, insert the following new section:
SEC. 2__. ADMISSION OF ESSENTIAL SCIENTISTS AND TECHNICAL EXPERTS TO
PROMOTE AND PROTECT THE NATIONAL SECURITY
INNOVATION BASE.
(a) Special Immigrant Status.--In accordance with the
procedures established under subsection (f)(1), and subject to
subsection (c)(1), the Secretary of Homeland Security may
provide an alien described in subsection (b) (and the spouse
and children of the alien if accompanying or following to join
the alien) with the status of a special immigrant under section
101(a)(27) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)), if the alien--
(1) submits a classification petition under section
204(a)(1)(G)(i) of such Act (8 U.S.C.
1154(a)(1)(G)(i)); and
(2) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence.
(b) Aliens Described.--An alien is described in this
subsection if--
(1) the alien--
(A) is employed by a United States employer
and engaged in work to promote and protect the
National Security Innovation Base;
(B) is engaged in basic or applied research,
funded by the Department of Defense, through a
United States institution of higher education
(as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)); or
(C) possesses scientific or technical
expertise that will advance the development of
critical technologies identified in the
National Defense Strategy or the National
Defense Science and Technology Strategy,
required by section 218 of the John S. McCain
National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 1679);
and
(2) the Secretary of Defense issues a written
statement to the Secretary of Homeland Security
confirming that the admission of the alien is essential
to advancing the research, development, testing, or
evaluation of critical technologies described in
paragraph (1)(C) or otherwise serves national security
interests.
(c) Numerical Limitations.--
(1) In general.--The total number of principal aliens
who may be provided special immigrant status under this
section may not exceed--
(A) 10 in each of fiscal years 2021 through
2030; and
(B) 100 in fiscal year 2031 and each fiscal
year thereafter
(2) Exclusion from numerical limitations.--Aliens
provided special immigrant status under this section
shall not be counted against the numerical limitations
under sections 201(d), 202(a), and 203(b)(4) of the
Immigration and Nationality Act (8 U.S.C. 1151(d),
1152(a), and 1153(b(4)).
(d) Defense Competition for Scientists and Technical
Experts.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall develop
and implement a process to select, on a competitive basis from
among individuals described in section (b), individuals for
recommendation to the Secretary of Homeland Security for
special immigrant status described in subsection (a).
(e) Authorities.--In carrying out this section, the Secretary
of Defense shall authorize appropriate personnel of the
Department of Defense to use all personnel and management
authorities available to the Department, including the
personnel and management authorities provided to the science
and technology reinvention laboratories, the Major Range and
Test Facility Base (as defined in 196(i) of title 10, United
States Code), and the Defense Advanced Research Projects
Agency.
(f) Procedures.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
and Secretary of Defense shall jointly establish policies and
procedures implementing the provisions in this section, which
shall include procedures for--
(1) processing of petitions for classification
submitted under subsection (a)(1) and applications for
an immigrant visa or adjustment of status, as
applicable; and
(2) thorough processing of any required security
clearances.
(g) Fees.--The Secretary of Homeland Security shall establish
a fee to--
(1) be charged and collected to process an
application filed under this section; and
(2) that is set at a level that will ensure recovery
of the full costs of such processing and any additional
costs associated with the administration of the fees
collected.
(h) Implementation Report Required.--Not later than 360 days
after the date of the enactment of this Act, the Secretary of
Homeland Security and Secretary of Defense shall jointly submit
to the appropriate congressional committees a report that
includes--
(1) a plan for implementing the authorities provided
under this section; and
(2) identification of any additional authorities that
may be required to assist the Secretaries in fully
implementing section.
(i) Program Evaluation and Report.--
(1) Evaluation.--The Comptroller General of the
United States shall conduct an evaluation of the
competitive program and special immigrant program
described in subsections (a) through (g).
(2) Report.--Not later than October 1, 2025, the
Comptroller General shall submit to the appropriate
congressional committees a report on the results of the
evaluation conducted under paragraph (1).
(j) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on the Judiciary of the Senate.
(2) The term ``National Security Innovation Base''
means the network of persons and organizations,
including Federal agencies, institutions of higher
education, federally funded research and development
centers, defense industrial base entities, nonprofit
organizations, commercial entities, and venture capital
firms that are engaged in the military and non-military
research, development, funding, and production of
innovative technologies that support the national
security of the United States.
----------
365. An Amendment To Be Offered by Representative Steil of Wisconsin or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XII, add the following:
SEC. _ REPORT ON THE THREAT POSED BY IRANIAN-BACKED MILITIAS IN IRAQ.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
appropriate congressional committees a report on the short- and
long-term threats posed by Iranian-backed militias in Iraq to
Iraq and to United States persons and interests.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A detailed description of acts of violence and
intimidation that Iranian-backed militias in Iraq have
committed against Iraqi civilians during the previous
two years.
(2) A detailed description of the threat that
Iranian-backed militias in Iraq pose to United States
persons in Iraq and in the Middle East, including
United States Armed Forces and diplomats.
(3) A detailed description of the threat Iranian-
backed militias in Iraq pose to United States partners
in the region.
(4) A detailed description of the role that Iranian-
backed militias in Iraq play in Iraq's armed forces and
security services, including Iraq's Popular
Mobilization Forces; .
(5) An assessment of whether and to what extent any
Iranian-backed militia in Iraq, or member of such
militia, had illicit access to United States-origin
defense equipment provided to Iraq since 2014 and the
response from the Government of Iraq to each incident.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex only if such annex is provided separately from the
unclassified report.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee
Foreign Relations of the Senate.
----------
366. An Amendment To Be Offered by Representative Suozzi of New York or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XXXV insert the following:
SEC. 35__. SEA YEAR CADETS ON CABLE SECURITY FLEET AND TANKER SECURITY
FLEET VESSELS.
Section 51307 of title 46, United States Code, is amended by
striking subsection (b) and inserting the following:
``(b) Sea Year Cadets on Cable Security Fleet and Tanker
Security Fleet Vessels .--The Secretary shall require an
operator of a vessel participating in the Maritime Security
Program under chapter 531 of this title, the Cable Security
Fleet under chapter 532 of this title, or the Tanker Security
Fleet under chapter 534 of this title to carry on each Maritime
Security Program vessel, Cable Security Fleet vessel, or Tanker
Security Fleet vessel 2 United States Merchant Marine Academy
cadets, if available, on each voyage.''.
SEC. 35__. SUPERINTENDENT OF THE UNITED STATES MERCHANT MARINE ACADEMY.
Section 51301(c) of title 46, United States Code, is
amended--
(1) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively;
(2) by inserting before paragraph (2), as so
redesignated, the following:
``(1) Sense of congress.--It is the sense of Congress
that, due to the unique mission of the United States
Merchant Marine Academy, it is highly desirable that
the Superintendent of the Academy be a graduate of the
Academy in good standing and have attained an unlimited
merchant marine officer's license.''; and
(3) in paragraph (3), as so redesignated--
(A) in subparagraph (A)(i), by inserting
after ``attained'' the following ``the rank of
Captain, Chief Mate, or Chief Engineer in the
merchant marine of the United States, or''; and
(B) in subparagraphs (B)(i)(I) and (C)(i), by
inserting ``merchant marine,'' before
``Navy,''.
SEC. 35__. MARITIME ACADEMY INFORMATION.
Not later than 1 year after the date of enactment of this
title, the Maritime Administrator shall make available on a
public website data, as available, on the following:
(1) The number of graduates from the United States
Merchant Marine Academy and each State Maritime Academy
for the previous 5 years.
(2) The number of graduates from the United States
Merchant Marine Academy and each State Maritime Academy
for the previous 5 years who have become employed in,
or whose status qualifies under, each of the following
categories:
(A) Maritime Afloat.
(B) Maritime Ashore.
(C) Armed Forces of the United States.
(D) Non-maritime.
(E) Graduate studies.
(F) Unknown.
(3) The number of students at each State Maritime
Academy class receiving or who have received for the
previous 5 years funds under the student incentive
payment program under section 51509 of title 46, United
States Code.
(4) The number of students described under paragraph
(3) who used partial student incentive payments who
graduated without an obligation under the program.
(5) The number of students described under paragraph
(3) who graduated with an obligation under the program.
----------
367. An Amendment To Be Offered by Representative Takano of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, add the following:
SEC. 17__. ESTABLISHMENT OF OFFICE OF CYBER ENGAGEMENT OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Establishment.--Chapter 3 of title 38, United States
Code, is amended by adding at the end the following new
section:
``Sec. 324. Office of Cyber Engagement
``(a) Establishment.--There is established in the Department
an office to be known as the `Office of Cyber Engagement' (in
this section referred to as the `Office').
``(b) Head of Office.--(1) The head of the Office shall be
known as the `Director of Cyber Engagement' (in this section
referred to as the `Director').
``(2) The Director shall be responsible for the functions of
the Office and appointed by the Secretary in the Senior
Executive Service.
``(3) The Director shall report to the Deputy Secretary or
Secretary.
``(c) Functions.--The functions of the Office are the
following:
``(1) To address cyber risks (including identity
theft) to veterans, their families, caregivers, and
survivors.
``(2) To develop, promote, and disseminate
information and best practices regarding such cyber
risks.
``(3) To coordinate with the Cybersecurity and
Infrastructure Agency of the Department of Homeland
Security and other Federal agencies
``(4) Other functions determined by the Secretary.
``(d) Resources.--The Secretary shall ensure that appropriate
personnel, funding, and other resources are provided to the
Office to carry out its responsibilities.
``(e) Inclusion of Information on Office in Annual Report on
Department Activities.--The Secretary shall include in each
annual Performance and Accountability report submitted by the
Secretary to Congress a description of the activities of the
Office during the fiscal year covered by such report.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding the following:
``324. Office of Cyber Engagement.''.
(c) Deadline.--The Secretary of Veterans Affairs shall
establish the Office of Cyber Engagement under section 324 of
such title, as added by subsection (a), not later than 90 days
after the date of the enactment of this Act.
(d) Reporting.--Not later than 180 days after the date of the
enactment of this Act and thrice semiannually thereafter, the
Secretary of Veterans Affairs shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a
report regarding the progress of the Office of Cyber Engagement
established under section 324 of such title, as added by
subsection (a). Each report shall include the following:
(1) The number of individuals assisted by the Office
of Cyber Engagement.
(2) The results of any assessments conducted by the
Office.
(3) Progress in convening the working group described
in subsection (c)(3) of such section.
(4) Other matters the Secretary determines
appropriate.
----------
368. An Amendment To Be Offered by Representative Takano of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title IX, add the following:
SEC. __. LIMITATION ON CONSOLIDATION OR TRANSITION TO ALTERNATIVE
CONTENT DELIVERY METHODS WITHIN THE DEFENSE MEDIA
ACTIVITY.
(a) In General.--No consolidation or transition to
alternative content delivery methods may occur within the
Defense Media Activity until a period of 180 days has elapsed
following the date on which the Secretary of Defense submits to
the congressional defense committees a report that includes a
certification, in detail, that such consolidation or transition
to alternative content delivery methods will not--
(1) compromise the safety and security of members of
the Armed Forces and their families;
(2) compromise the cybersecurity or security of
content delivery to members of the Armed Forces,
whether through--
(A) inherent vulnerabilities in the content
delivery method concerned;
(B) vulnerabilities in the personal devices
used by members; or
(C) vulnerabilities in the receivers or
streaming devices necessary to accommodate the
alternative content delivery method;
(3) increase monetary costs or personal financial
liabilities to members of the Armed Forces or their
families, whether through monthly subscription fees or
other tolls required to access digital content; and
(4) impede access to content due to bandwidth or
other technical limitations where members of the Armed
Forces receive content.
(b) Definitions.--In this section:
(1) The term ``alternative content delivery'' means
any method of the Defense Media Activity for the
delivery of digital content that is different from a
method used by the Activity as of the date of the
enactment of this Act.
(2) The term ``consolidation'', when used with
respect to the Defense Media Activity, means any action
to reduce or limit the functions, personnel,
facilities, or capabilities of the Activity, including
entering into contracts or developing plans for such
reduction or limitation.
----------
369. An Amendment To Be Offered by Representative Taylor of Texas or
His Designee, Debatable for 10 Minutes
In subtitle E of title XVII, add at the end the following:
SEC. __. CERTIFIED NOTICE AT COMPLETION OF AN ASSESSMENT.
(a) In General.--Section 721(b)(3) of the Defense Production
Act of 1950 (50 U.S.C. 4565(b)(3)) is amended--
(1) in subparagraph (A)--
(A) in the heading, by adding ``or
assessment'' at the end; and
(B) by striking ``subsection (b) that
concludes action under this section'' and
inserting ``this subsection that concludes
action under this section, or upon the
Committee making a notification under paragraph
(1)(C)(v)(III)(aa)(DD)''; and
(2) in subparagraph (C)(i)--
(A) in subclause (I), by striking ``and'' at
the end;
(B) in subclause (II), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(III) whether the
transaction is described under
clause (i), (ii), (iii), (iv),
or (v) of subsection
(a)(4)(B).''.
(b) Technical Corrections.--
(1) In general.--Section 1727(a) of the Foreign
Investment Risk Review Modernization Act of 2018
(Public Law 115-232) is amended--
(A) in paragraph (3), by striking
``(4)(C)(v)'' and inserting ``(4)(F)''; and
(B) in paragraph (4), by striking
``subparagraph (B)'' and inserting
``subparagraph (C)''.
(2) Effective date.--The amendments under paragraph
(1) shall take effect on the date of enactment of the
Foreign Investment Risk Review Modernization Act of
2018.
----------
370. An Amendment To Be Offered by Representative Tipton of Colorado or
His Designee, Debatable for 10 Minutes
Page 1115, after line 5, insert the following:
Subtitle F--Employment Fairness for Taiwan
SEC. 1771. SHORT TITLE.
This subtitle may be cited as the ``Employment Fairness for
Taiwan Act of 2020''.
SEC. 1772. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) Taiwan is responsible for remarkable achievements
in economic and democratic development, with its per
capita gross domestic product rising in purchasing
power parity terms from $3,470 in 1980 to more than
$55,000 in 2018;
(2) the experience of Taiwan in creating a vibrant
and advanced economy under democratic governance and
the rule of law can inform the work of the
international financial institutions, including through
the contributions and insights of Taiwan nationals; and
(3) Taiwan nationals who seek employment at the
international financial institutions should not be held
at a disadvantage in hiring because the economic
success of Taiwan has rendered it ineligible for
financial assistance from such institutions.
SEC. 1773. FAIRNESS FOR TAIWAN NATIONALS REGARDING EMPLOYMENT AT
INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) In General.--The Secretary of the Treasury shall instruct
the United States Executive Director at each international
financial institution to use the voice and vote of the United
States to seek to ensure that Taiwan nationals are not
discriminated against in any employment decision by the
institution, including employment through consulting or part-
time opportunities, on the basis of--
(1) whether they are citizens or nationals of, or
holders of a passport issued by, a member country of,
or a state or other jurisdiction that receives
assistance from, the international financial
institution; or
(2) any other consideration that, in the
determination of the Secretary, unfairly disadvantages
Taiwan nationals with respect to employment at the
institution.
(b) International Financial Institution Defined.--In this
section, the term ``international financial institution'' has
the meaning given the term in section 1701(c)(2) of the
International Financial Institutions Act.
(c) Waiver Authority.--The Secretary of the Treasury may
waive subsection (a) for not more than 1 year at a time after
reporting to the Committee on Financial Services of the House
of Representatives and the Committee on Foreign Relations of
the Senate that providing the waiver--
(1) will substantially promote the objective of
equitable treatment for Taiwan nationals at the
international financial institutions; or
(2) is in the national interest of the United States,
with a detailed explanation of the reasons therefor.
(d) Progress Report.--The Chairman of the National Advisory
Council on International Monetary and Financial Policies shall
submit to the committees specified in subsection (c) an annual
report, in writing, that describes the progress made toward
advancing the policy described in subsection (a), and a summary
of employment trends with respect to Taiwan nationals at the
international financial institutions.
(e) Sunset.--The preceding provisions of this section shall
have no force or effect beginning with the earlier of--
(1) the date that is 7 years after the date of the
enactment of this Act; or
(2) the date that the Secretary of the Treasury
reports to the committees specified in subsection (c)
that each international financial institution has
adopted the policy described in subsection (a).
----------
371. An Amendment To Be Offered by Representative Titus of Nevada or
Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. _. MATTERS RELATING TO COOPERATIVE THREAT REDUCTION PROGRAMS AND
WEAPONS OF MASS DESTRUCTION TERRORISM.
(a) Statement of Policy.--It is the policy of the United
States to ensure--
(1) to the extent practicable, the agents,
precursors, and materials needed to produce weapons of
mass destruction are placed beyond the reach of
terrorist organizations and other malicious non-state
actors;
(2) the number of foreign states that possess weapons
of mass destruction is declining; and
(3) the global quantity of weapons of mass
destruction and related materials is reduced.
(b) Sense of Congress.--It is the sense of Congress that--
(1) diplomatic outreach, threat reduction and foreign
capacity-building programs, export controls, and the
promotion of international treaties and norms are all
essential elements of accomplishing the core national
security mission of preventing, detecting, countering,
and responding to threats of weapons of mass
destruction terrorism; and
(2) the potentially devastating consequences of
weapons of mass destruction terrorism pose a
significant risk to United States national security.
(c) Report on Lines of Effort to Implement Policies.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, and annually
thereafter, the President, acting through the Secretary
of Defense, the Secretary of State, the Secretary of
Energy, and the Director of National Intelligence,
shall submit to the appropriate congressional
committees a report on each line of effort to implement
the policies described in subsection (a) and the
budgets required to implement each such line of effort
effectively.
(2) Matters to be included.--The report required by
this subsection should include the following:
(A) An assessment of nuclear, radiological,
biological, and chemical terrorism and foreign
state risks and other emerging risks facing the
United States and its allies, including--
(i) the status of foreign state,
state-affiliated, and non-state actors
efforts to acquire nuclear,
radiological, biological, and chemical
weapons and their intent to misuse
weapons-related materials;
(ii) any actions by foreign state,
state-affiliated, and non-state actors
employing weapons of mass destruction;
(iii) an update on--
(I) the risk of biological
threats, including the
proliferation of biological
weapons, weapons components,
and weapons-related materials,
technology, and expertise to
non-state actors;
(II) the risk of accidental
release of dangerous pathogens
due to unsafe practices and
facilities; and
(III) the risk of
uncontrolled naturally
occurring disease outbreaks
that may pose a threat to the
United States or its Armed
Forces or allies; and
(iv) the status of national efforts
to meet obligations to provide
effective security and accounting for
nuclear weapons and for all weapons-
useable nuclear materials in foreign
states that possess such weapons and
materials.
(B) A strategy to reduce the risk of nuclear,
radiological, biological, and chemical
terrorism over the next five years, including--
(i) ensuring, to the extent
practicable--
(I) the agents, precursors,
and materials needed to develop
or acquire weapons of mass
destruction are placed beyond
the reach of terrorist
organizations and other
malicious non-state actors;
(II) the number of foreign
states that possess weapons of
mass destruction is declining;
and
(III) the global quantity of
weapons of mass destruction and
related materials is reduced;
(ii) identifying and responding to
technological trends that may enable
terrorist or state development,
acquisition, or use of weapons of mass
destruction;
(iii) a plan to prevent the
proliferation of biological weapons,
weapons components, and weapons-related
materials, technology, and expertise,
which shall include activities that
facilitate detection and reporting of
highly pathogenic diseases or other
diseases that are associated with or
that could be used as an early warning
mechanism for disease outbreaks that
could affect the United States or its
Armed Forces or allies, regardless of
whether such diseases are caused by
biological weapons;
(iv) regional engagement to reduce
nuclear, biological, and chemical
risks;
(v) engagement with foreign states,
where possible, on security for nuclear
weapons and weapons-useable nuclear and
radioactive material, including
protection against insider threats,
strengthening of security culture, and
support for security performance
testing; and
(vi) a recommendation to establish a
joint Department of Defense and
Department of Energy program--
(I) to assess the
verification, security, and
implementation requirements
associated with potential
future arms reduction or
denuclearization accords,
(II) identify gaps in
existing and planned
capabilities; and
(III) provide recommendations
for developing needed
capabilities to fill those
gaps.
(3) Form.--The report required by this subsection
shall be submitted in unclassified form, but may
contain a classified annex.
(d) Sense of Congress on Revitalizing International Nuclear
Security Programs.--It is the sense of Congress that--
(1) the United States Government should expand and
revitalize its international nuclear security programs,
as necessary;
(2) such an expanded nuclear security effort should
seek to be comprehensive and close, to the extent
possible, any gaps that exist in United States nuclear
security programs; and
(3) the Secretary of State should seek to cooperate
with as many foreign states with nuclear weapons,
weapons-usable nuclear materials, or significant
nuclear facilities as possible to--
(A) ensure protection against the full
spectrum of plausible threats, including
support for evaluating nuclear security threats
and measures to protect against such threats,
exchanging unclassified threat information,
holding workshops with experts from each
country, and having teams review the adequacy
of security against a range of threats;
(B) establish comprehensive, multilayered
protections against insider threats, including
in-depth exchanges on good practices in insider
threat protection, workshops, help with
appropriate vulnerability assessments, and peer
review by expert teams;
(C) establish targeted programs to strengthen
nuclear security culture;
(D) institute effective, regular
vulnerability assessments and performance
testing through workshops, peer observation of
such activities in the United States, training,
and description of approaches that have been
effective; and
(E) consolidate nuclear weapons and weapons-
usable nuclear materials to the minimum
practical number of locations.
(e) Assessment of Weapons of Mass Destruction Terrorism.--
(1) In general.--The Secretary of Defense, in
coordination with the Secretary of State and the
Secretary of Energy, shall seek to enter into an
arrangement with the National Academy of Sciences--
(A) to conduct an assessment of strategies of
the United States for preventing, countering,
and responding to nuclear, biological, and
chemical terrorism assess and make
recommendations to improve such strategies; and
(B) submit to the Secretary of Defense a
report that contains such assessment and
recommendations.
(2) Matters to be included.--The assessment and
recommendations required by paragraph (1) shall address
the adequacy of strategies described in such paragraph
and identify technical, policy, and resource gaps with
respect to--
(A) identifying national and international
nuclear, biological, and chemical risks and
critical emerging threats;
(B) preventing state-sponsored and non-state
actors from acquiring or misusing the
technologies, materials, and critical expertise
needed to carry out nuclear, biological, and
chemical attacks, including dual-use
technologies, materials, and expertise;
(C) countering efforts by state-sponsored and
non-state actors to carry out such attacks;
(D) responding to nuclear, biological, and
chemical terrorism incidents to attribute their
origin and help manage their consequences;
(E) budgets likely to be required to
implement effectively such strategies; and
(F) other important matters that are directly
relevant to such strategies.
(3) Report.--
(A) In general.--The Secretary of Defense
shall submit to the appropriate congressional
committees a copy of the report received by the
Secretary under paragraph (1)(B).
(B) Form.--The report required by this
paragraph shall be submitted in unclassified
form, but may contain a classified annex.
(4) Funding.--
(A) Increase.--Notwithstanding the amounts
set forth in the funding tables in division D,
the amount authorized to be appropriated in
section 301 for research, development, test,
and evaluation, as specified in the
corresponding funding table in section 4301,
for Operations and Maintenance, Defense-wide,
Cooperative Threat Reduction, Line 10, is
hereby increased by $1,000,000 to carry out
this subsection.
(B) Offset.--Notwithstanding the amounts set
forth in the funding tables in division D, the
amount authorized to be appropriated in section
301 for operation and maintenance as specified
in the corresponding funding table in section
4301, for operation and maintenance, Air Force,
admin & servicewide activities, servicewide
communications, line 440, is hereby reduced by
$1,000,000.
(f) Report on Cooperative Threat Reduction Programs.--
(1) In general.--Not later than 270 days after the
date of the enactment of this Act, and annually
thereafter at the same time that the President submits
the budget to Congress under section 1105 of title 31,
United States Code, the President shall submit to the
appropriate congressional committees a report on--
(A) the programs of each Federal agency that
are intended to reduce threat of nuclear,
radiological, biological, and chemical weapons
to the United States or its Armed Forces or
allies;
(B) a description of the operations of such
programs and how such programs advance the
mission of reducing the threat of nuclear,
radiological, biological, and chemical weapons
to the United States or its Armed Forces or
allies; and
(C) recommendations on how to evaluate the
success of such programs, how to identify
opportunities for collaboration between such
programs, how to eliminate crucial gaps not
filled by such programs, and how to ensure that
such programs are complementary to other
programs across the United States Government.
(2) Form.--The report required by this paragraph
shall be submitted in unclassified form, but may
contain a classified annex.
(g) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, Committee on
Armed Services, and Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Foreign Relations, Committee on
Armed Services, and Select Committee on Intelligence of
the Senate.
----------
372. An Amendment To Be Offered by Representative Tlaib of Michigan or
Her Designee, Debatable for 10 Minutes
Page 187, line 11, strike ``and''.
Page 187, line 13, strike the period and insert ``; and''.
Page 187, after line 13, insert the following new
subparagraph:
(C) an examination of--
(i) any long-term effects, including
potential long-term effects, of the
episode; and
(ii) any additional care an affected
crewmember may need.
----------
373. An Amendment To Be Offered by Representative Tlaib of Michigan or
Her Designee, Debatable for 10 Minutes
Page 194, line 17, before ``Not'' insert ``(a) In General.--
''.
Page 195, after line 10, insert the following:
``(6) A description of what actions have been taken
to arrest and clean up the spill.
``(7) A description of coordination with relevant
local and State authorities and environmental
protection agencies.
``(b) Action Plan.--Not later than 30 days after submitting
notice of a usage or spill under subsection (a), the Deputy
Assistant Secretary shall submit to the Committees on Armed
Services of the Senate and House of Representatives an action
plan for addressing such usage or spill.''.
----------
374. An Amendment To Be Offered by Representative Torres Small of New
Mexico or Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title VI, insert the following:
SEC. 6__. COMPENSATION AND CREDIT FOR RETIRED PAY PURPOSES FOR
MATERNITY LEAVE TAKEN BY MEMBERS OF THE RESERVE
COMPONENTS.
(a) Compensation.--Section 206(a) of title 37, United States
Code, is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period at the
end and inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(4) for each of six days for each period during
which the member is on maternity leave.''.
(b) Credit for Retired Pay Purposes.--
(1) In general.--The period of maternity leave taken
by a member of the reserve components of the Armed
Forces in connection with the birth of a child shall
count toward the member's entitlement to retired pay,
and in connection with the years of service used in
computing retired pay, under chapter 1223 of title 10,
United States Code, as 12 points.
(2) Separate credit for each period of leave.--
Separate crediting of points shall accrue to a member
pursuant to this subsection for each period of
maternity leave taken by the member in connection with
a childbirth event.
(3) When credited.--Points credited a member for a
period of maternity leave pursuant to this subsection
shall be credited in the year in which the period of
maternity leave concerned commences.
(4) Contribution of leave toward entitlement to
retired pay.--Section 12732(a)(2) of title 10, United
States Code, is amended by inserting after subparagraph
(E) the following new subparagraph:
``(F) Points at the rate of 12 per period
during which the member is on maternity
leave.''.
(5) Computation of years of service for retired
pay.--Section 12733 of such title is amended--
(A) by redesignating paragraph (5) as
paragraph (6); and
(B) by inserting after paragraph (4) the
following new paragraph (5):
``(5) One day for each point credited to the person
under subparagraph (F) of section 12732(a)(2) of this
title.''.
(c) Effective Date.--This section and the amendments made by
this section shall take effect on the date of the enactment of
this Act, and shall apply with respect to periods of maternity
leave that commence on or after that date.
----------
375. An Amendment To Be Offered by Representative Torres Small of New
Mexico or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title XVII the following:
SEC. 17__. DEPARTMENT OF HOMELAND SECURITY ACQUISITION DOCUMENTATION.
(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the
following new section:
``SEC. 711. ACQUISITION DOCUMENTATION.
``(a) In General.--For each major acquisition program, the
Secretary, acting through the Under Secretary for Management,
shall require the head of a relevant component or office to--
``(1) maintain acquisition documentation that is
complete, accurate, timely, and valid, and that
includes, at a minimum--
``(A) operational requirements that are
validated consistent with departmental policy
and changes to such requirements, as
appropriate;
``(B) a complete lifecycle cost estimate with
supporting documentation;
``(C) verification of such lifecycle cost
estimate against independent cost estimates,
and reconciliation of any differences;
``(D) a cost-benefit analysis with supporting
documentation;
``(E) an integrated master schedule with
supporting documentation;
``(F) plans for conducting systems
engineering reviews and test and evaluation
activities throughout development to support
production and deployment decisions;
``(G) an acquisition plan that outlines the
procurement approach, including planned
contracting vehicles;
``(H) a logistics and support plan for
operating and maintaining deployed capabilities
until such capabilities are disposed of or
retired; and
``(I) an acquisition program baseline that is
traceable to the program's operational
requirements under subparagraph (A), life-cycle
cost estimate under subparagraph (B), and
integrated master schedule under subparagraph
(E).
``(2) prepare cost estimates and schedules for major
acquisition programs, as required under subparagraphs
(B) and (E), in a manner consistent with best practices
as identified by the Comptroller General of the United
States;
``(3) ensure any revisions to the acquisition
documentation maintained pursuant to paragraph (1) are
reviewed and approved in accordance with departmental
policy; and
``(4) submit certain acquisition documentation to the
Secretary to produce for submission to Congress an
annual comprehensive report on the status of
departmental acquisitions.
``(b) Waiver.--On a case-by-case basis with respect to any
major acquisition program under this section, the Secretary may
waive the requirement under paragraph (3) of subsection (a) for
a fiscal year if either--
``(1) such program has not--
``(A) entered the full rate production phase
in the acquisition lifecycle;
``(B) had a reasonable cost estimate
established; and
``(C) had a system configuration defined
fully; or
``(2) such program does not meet the definition of
capital asset, as such term is defined by the Director
of the Office of Management and Budget.
``(c) Congressional Oversight.--At the same time the
President's budget is submitted for a fiscal year under section
1105(a) of title 31, United States Code, the Secretary shall
make information available, as applicable, to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate regarding the requirement described in subsection (a) in
the prior fiscal year that includes the following specific
information regarding each major acquisition program for which
the Secretary has issued a waiver under subsection (b):
``(1) The grounds for granting a waiver for such
program.
``(2) The projected cost of such program.
``(3) The proportion of a component's or office's
annual acquisition budget attributed to such program,
as available.
``(4) Information on the significance of such program
with respect to the component's or office's operations
and execution of its mission.
``(d) Definitions.--In this section:
``(1) Acquisition program baseline.--The term
`acquisition program baseline', with respect to an
acquisition program, means a summary of the cost,
schedule, and performance parameters, expressed in
standard, measurable, quantitative terms, which shall
be met to accomplish the goals of such program.
``(2) Major acquisition program.--The term `major
acquisition program' means a Department acquisition
program that is estimated by the Secretary to require
an eventual total expenditure of at least $300 million
(based on fiscal year 2019 constant dollars) over its
lifecycle cost.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by adding after the item related to section
710 the following new item:
``Sec. 711. Acquisition documentation.''.
____________________________________________________
376. An Amendment To Be Offered by Representative Torres Small of New
Mexico or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title XVII the following:
SEC. 17__. LARGE-SCALE NON-INTRUSIVE INSPECTION SCANNING PLAN.
(a) Definitions.--In this section:
(1) Large-scale non-intrusive inspection system.--The
term ``large-scale, non-intrusive inspection system''
means a technology, including x-ray, gamma-ray, and
passive imaging systems, capable of producing an image
of the contents of a commercial or passenger vehicle or
freight rail car in 1 pass of such vehicle or car.
(2) Scanning.--The term ``scanning'' means utilizing
nonintrusive imaging equipment, radiation detection
equipment, or both, to capture data, including images
of a commercial or passenger vehicle or freight rail
car.
(b) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit a plan to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives for
increasing to 100 percent the rate of high-throughput scanning
of commercial and passenger vehicles and freight rail traffic
entering the United States at land ports of entry and rail-
border crossings along the border using large-scale non-
intrusive inspection systems or similar technology to enhance
border security.
(c) Baseline Information.--The plan under subsection (b)
shall include, at a minimum, the following information
regarding large-scale non-intrusive inspection systems or
similar technology operated by U.S. Customs and Border
Protection at land ports of entry and rail-border crossings as
of the date of the enactment of this Act:
(1) An inventory of large-scale non-intrusive
inspection systems or similar technology in use at each
land port of entry.
(2) For each system or technology identified in the
inventory under paragraph (1)--
(A) the scanning method of such system or
technology;
(B) the location of such system or technology
at each land port of entry that specifies
whether in use in pre-primary, primary, or
secondary inspection area, or some combination
of such areas;
(C) the percentage of commercial and
passenger vehicles and freight rail traffic
scanned by such system or technology;
(D) seizure data directly attributed to
scanned commercial and passenger vehicles and
freight rail traffic; and
(E) the number of personnel required to
operate each system or technology.
(3) Information regarding the continued use of other
technology and tactics used for scanning, such as
canines and human intelligence in conjunction with
large scale, nonintrusive inspection systems.
(d) Elements.--The plan under subsection (b) shall include
the following information:
(1) Benchmarks for achieving incremental progress
towards 100 percent high-throughput scanning within the
next 6 years of commercial and passenger vehicles and
freight rail traffic entering the United States at land
ports of entry and rail-border crossings along the
border with corresponding projected incremental
improvements in scanning rates by fiscal year and
rationales for the specified timeframes for each land
port of entry.
(2) Estimated costs, together with an acquisition
plan, for achieving the 100 percent high-throughput
scanning rate within the timeframes specified in
paragraph (1), including acquisition, operations, and
maintenance costs for large-scale, nonintrusive
inspection systems or similar technology, and
associated costs for any necessary infrastructure
enhancements or configuration changes at each port of
entry. Such acquisition plan shall promote, to the
extent practicable, opportunities for entities that
qualify as small business concerns (as defined under
section 3(a) of the Small Business Act (15 U.S.C.
632(a)).
(3) Any projected impacts, as identified by the
Commissioner of U.S. Customs and Border Protection, on
the total number of commercial and passenger vehicles
and freight rail traffic entering at land ports of
entry and rail-border crossings where such systems are
in use, and average wait times at peak and non-peak
travel times, by lane type if applicable, as scanning
rates are increased.
(4) Any projected impacts, as identified by the
Commissioner of U.S. Customs and Border Protection, on
land ports of entry and rail-border crossings border
security operations as a result of implementation
actions, including any changes to the number of U.S.
Customs and Border Protection officers or their duties
and assignments.
(e) Annual Report.--Not later than 1 year after the
submission of the plan under subsection (b), and biennially
thereafter for the following 6 years, the Secretary of Homeland
Security shall submit a report to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives
that describes the progress implementing the plan and
includes--
(1) an inventory of large-scale, nonintrusive
inspection systems or similar technology operated by
U.S. Customs and Border Protection at each land port of
entry;
(2) for each system or technology identified in the
inventory required under paragraph (1)--
(A) the scanning method of such system or
technology;
(B) the location of such system or technology
at each land port of entry that specifies
whether in use in pre-primary, primary, or
secondary inspection area, or some combination
of such areas;
(C) the percentage of commercial and
passenger vehicles and freight rail traffic
scanned by such system or technology; and
(D) seizure data directly attributed to
scanned commercial and passenger vehicles and
freight rail traffic;
(3) the total number of commercial and passenger
vehicles and freight rail traffic entering at each land
port of entry at which each system or technology is in
use, and information on average wait times at peak and
non-peak travel times, by lane type if applicable;
(4) a description of the progress towards reaching
the benchmarks referred to in subsection (d)(1), and an
explanation if any of such benchmarks are not achieved
as planned;
(5) a comparison of actual costs (including
information on any awards of associated contracts) to
estimated costs set forth in subsection (d)(2);
(6) any realized impacts, as identified by the
Commissioner of U.S. Customs and Border Protection, on
land ports of entry and rail-border crossings
operations as a result of implementation actions,
including any changes to the number of U.S. Customs and
Border Protection officers or their duties and
assignments;
(7) any proposed changes to the plan and an
explanation for such changes, including changes made in
response to any Department of Homeland Security
research and development findings or changes in
terrorist or transnational criminal organizations
tactics, techniques, or procedures; and
(8) any challenges to implementing the plan or
meeting the benchmarks, and plans to mitigate any such
challenges.
----------
377. An Amendment To Be Offered by Representative Torres of California
or Her Designee, Debatable for 10 Minutes
Page 1115, after line 5, insert the following new section
(and conform the table of contents accordingly):
SEC. 1762. NATIONAL SUPPLY CHAIN DATABASE.
(a) Establishment of National Supply Chain Database.--Subject
to the availability of funds as authorized under subsection
(3), the Director of the National Institute of Standards and
Technology (referred to in this Act as the ``NIST'') shall
establish a National Supply Chain Database that will assist the
Nation in minimizing disruptions in the supply chain by having
an assessment of United States manufacturers' capabilities.
(b) Connections With State Manufacturing Extension
Partnership.--
(1) In general.--The infrastructure for the National
Supply Chain Database shall be created through the
Hollings Manufacturing Extension Partnership (MEP)
program of the National Institute of Standards and
Technology by connecting the Hollings Manufacturing
Extension Partnerships Centers through the National
Supply Chain Database.
(2) National view.--The connection provided through
the National Supply Chain Database shall provide a
national view of the supply chain and enable the
National Institute of Standards and Technology to
understand whether there is a need for some
manufacturers to retool in some key areas to meet the
need of urgent products, such as defense supplies,
food, and medical devices, including personal
protective equipment.
(3) Individual state databases.--Each State's supply
chain database maintained by the NIST-recognized
Manufacturing Extension Partnership Center within the
State shall be complementary in design to the National
Supply Chain Database.
(c) Maintenance of National Supply Chain Database.--The
Hollings Manufacturing Extension Partnership program or its
designee shall maintain the National Supply Chain Database as
an integration of the State level databases from each State's
Manufacturing Extension Partnership Center and may be populated
with information from past, current, or potential Center
clients.
(d) Database Content.--
(1) In general.--The National Supply Chain Database
may--
(A) provide basic company information;
(B) provide an overview of capabilities,
accreditations, and products;
(C) contain proprietary information; and
(D) include other items determined necessary
by the Director of the NIST.
(2) Searchable database.--The National Supply Chain
Database shall use the North American Industry
Classification System (NAICS) Codes as follows:
(A) Sector 31-33--Manufacturing.
(B) Sector 54--Professional, Scientific, and
Technical Services.
(C) Sector 48-49--Transportation and
Warehousing.
(3) Levels.--The National Supply Chain Database shall
be multi-leveled as follows:
(A) Level 1 shall have basic company
information and shall be available to the
public.
(B) Level 2 shall have a deeper overview into
capabilities, products, and accreditations and
shall be available to all companies that
contribute to the database and agree to terms
of mutual disclosure.
(C) Level 3 shall hold proprietary
information.
(4) Exempt from public disclosure.--The National
Supply Chain Database and any information related to it
not publicly released by the NIST shall be exempt from
public disclosure under section 552 of title 5, United
States Code, and access to non-public content shall be
limited to the contributing company and Manufacturing
Extension Partnership Center staff who sign an
appropriate non-disclosure agreement.
(e) Authorization of Appropriations.--There authorized to be
appropriated to the Director of the NIST $10,000,000 for fiscal
year 2021 to develop and launch the National Supply Chain
Database.
----------
378. An Amendment To Be Offered by Representative Torres of California
or Her Designee, Debatable for 10 Minutes
Page 1115, after line 5, insert the following new section
(and conform the table of contents accordingly):
SEC. 1762. COORDINATION WITH HOLLINGS MANUFACTURING EXTENSION
PARTNERSHIP CENTERS.
Notwithstanding section 34(d)(2)(A)(iv) of the National
Institute for Standards and Technology Act (15 U.S.C.
278s(d)(2)(A)(iv)), each Manufacturing USA Institute
(established under subsection (d) of such Act) shall, as
appropriate, contract with a Hollings Manufacturing Extension
Partnership Center (established under section 25 of such Act)
in each State in which such Institute provides services, either
directly or through another such Center, to provide defense
industrial base-related outreach, technical assistance,
workforce development, and technology transfer assistance to
small and medium-sized manufacturers. No Center shall charge in
excess of its standard rate for such services. Funds received
by a Center through such a contract shall not constitute
financial assistance under 25(e) of such Act.
----------
379. An Amendment To Be Offered by Representative Torres of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. _. CERTIFICATION RELATING TO ASSISTANCE FOR GUATEMALA.
(a) In General.--Prior to the transfer of any equipment by
the Department of Defense to a joint task force of the
Guatemalan military or national civilian police during fiscal
year 2021, the Secretary of Defense shall certify to the
appropriate congressional committees that such ministries have
made a credible commitment to use such equipment only for the
uses for which they were intended.
(b) Issuing Regulations.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States Agency
for International Development and the Secretary of Defense, as
appropriate, shall issue regulations requiring the inclusion of
appropriate clauses for any new foreign assistance contracts,
grants, and cooperative agreements covering the transfer of
equipment to the Guatemalan military or national civilian
police, to ensure that any equipment provided by the Department
of Defense to the Guatemalan military or national civilian
police may be recovered if such equipment is used for purposes
other than those purposes for which it was provided.
(c) Exceptions and Waiver.--
(1) Exceptions.--Subsection (b) shall not apply to
humanitarian assistance, disaster assistance, or
assistance to combat corruption.
(2) Waiver.--The Secretary of State or the Secretary
of Defense, on a case by case basis, may waive the
requirement under subsection (b) if the Secretary of
State or the Secretary of Defense certifies to the
appropriate congressional committees that such waiver
is important to the national security interests of the
United States.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of
the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations
of the Senate.
----------
380. An Amendment To Be Offered by Representative Trahan of
Massachusetts or Her Designee, Debatable for 10 Minutes
At the appropriate place in title VII, insert the following
new section:
SEC. 7__. PILOT PROGRAM ON TREATMENT OF CERTAIN MEMBERS OF THE ARMED
FORCES IMPACTED BY TRAUMATIC BRAIN INJURY AND OTHER
ASSOCIATED HEALTH FACTORS THAT INFLUENCE LONG-TERM
BRAIN HEALTH AND PERFORMANCE.
(a) Pilot Program.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense may commence the conduct of a pilot program
through the award of grants to carry out a
comprehensive brain health and treatment program that
provides coordinated, integrated, multidisciplinary
specialist evaluations, treatment initiation, and
aftercare coordination to members of the Army, Navy,
Air Force, Marine Corps, and Space Force impacted by
traumatic brain injury and other associated health
factors that influence long-term brain health and
performance.
(2) Elements.--
(A) Evaluations.--Multidisciplinary
specialist evaluations under paragraph (1)
shall include evaluations in the following
specialties:
(i) Brain injury medicine.
(ii) Neuropsychology.
(iii) Clinical psychology.
(iv) Psychiatry.
(v) Neuroendocrinology.
(vi) Sports medicine.
(vii) Muscular skeletal and
vestibular physical therapy.
(viii) Neuroimaging.
(ix) Hormonal evaluation.
(x) Metabolic testing.
(xi) Cardiovascular testing.
(xii) Cerebrovascular testing.
(B) Treatment.--Treatment under paragraph (1)
shall include the following:
(i) Headache treatment.
(ii) Sleep interventions and
medication.
(iii) Injection-based therapies for
musculoskeletal pain.
(iv) Cognitive rehabilitation.
(v) Vestibular physical therapy.
(vi) Exercise programming.
(b) Eligible Individuals.--An individual is eligible to
participate in the pilot program under this section if the
individual--
(1) is a member of the Army, Navy, Air Force, Marine
Corps, or Space Force who served on active duty; and
(2) experienced an incident for which treatment may
be sought under the pilot program while performing--
(A) active service; or
(B) active Guard and Reserve duty.
(c) Maximum Amount of Grants.--In accordance with the
services being provided under a grant under this section and
the duration of those services, the Secretary shall establish a
maximum amount to be awarded under the grant that is not
greater than $750,000 per grantee per fiscal year.
(d) Requirements for Receipt of Financial Assistance.--
(1) Notification that services are from department.--
Each entity receiving financial assistance under this
section to provide services to eligible individuals and
their family shall notify the recipients of such
services that such services are being paid for, in
whole or in part, by the Department.
(2) Coordination with other services from
department.--Each entity receiving a grant under this
section shall coordinate with the Secretary with
respect to the provision of clinical services to
eligible individuals in accordance with any other
provision of law regarding the delivery of healthcare
under the laws administered by the Secretary.
(3) Measurement and monitoring.--Each entity
receiving a grant under this section shall submit to
the Secretary a description of the tools and
assessments the entity uses or will use to determine
the effectiveness of the services furnished by the
entity under this section, including the effect of
those services on--
(A) the financial stability of eligible
individuals receiving those services;
(B) the mental health status, well-being, and
suicide risk of those eligible individuals; and
(C) the social support of those eligible
individuals.
(4) Reports.--The Secretary--
(A) shall require each entity receiving
financial assistance under this section to
submit to the Secretary an annual report that
describes the projects carried out with such
financial assistance during the year covered by
the report, including the number of eligible
individuals served;
(B) shall specify to each such entity the
evaluation criteria and data and information,
which shall include a mental health, well-
being, and suicide risk assessment of each
eligible individual served, to be submitted in
such report; and
(C) may require such entities to submit to
the Secretary such additional reports as the
Secretary considers appropriate.
(d) Termination.--The Secretary may not conduct the pilot
program under this section after the date that is three years
after the date of the enactment of this Act.
(e) Report.--Not later than 180 days after the date on which
the pilot program under this section terminates, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the effectiveness
of the pilot program.
(f) Definitions.--In this section, the terms ``active duty'',
``active Guard and Reserve duty'', and ``active service'' have
the meanings given those terms in section 101 of title 10,
United States Code.
----------
381. An Amendment To Be Offered by Representative Turner of Ohio or His
Designee, Debatable for 10 Minutes
At the end of subtitle B of title VIII, add the following new
section:
SEC. ___. COMMERCIAL PRODUCT DETERMINATION APPLIES TO COMPONENTS AND
SUPPORT SERVICES.
Section 2306a(b)(4) of title 10, United States Code, is
amended--
(1) in subparagraph (A), by striking ``subsequent
procurements of such product or service'' and
inserting: ``subsequent procurements of--
``(i) the commercial product;
``(ii) a component of the commercial
product;
``(iii) a service for maintenance or
repair of the commercial product; or
``(iv) the commercial service.''; and
(2) in subparagraph (B)--
(A) by striking ``request a review'' and
inserting the following: ``provide a detailed
explanation for not making the presumption
described in subsection (A) along with a
request for a review''; and
(B) by adding at the end the following:
``When conducting such review, the head of the
contracting activity may consider evidence of
the commercial nature of the product or service
under review that is provided by an offeror.''
----------
382. An Amendment To Be Offered by Representative Turner of Ohio or His
Designee, Debatable for 10 Minutes
At the end of subtitle D of title V, add the following:
SEC. 5__. RIGHT TO NOTICE OF VICTIMS OF OFFENSES UNDER THE UNIFORM CODE
OF MILITARY JUSTICE REGARDING CERTAIN POST-TRIAL
MOTIONS, FILINGS, AND HEARINGS.
Section 806b(a)(2) of title 10, United States Code (article
6b(a)(2)) of the Uniform Code of Military Justice), is
amended--
(1) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(2) by inserting after subparagraph (C) the following
new subparagraph (D):
``(D) A post-trial motion, filing, or hearing
that may address the finding or sentence of a
court-martial with respect to the accused,
unseal privileged or private information of the
victim, or result in the release of the
accused.''.
----------
383. An Amendment To Be Offered by Representative Vargas of California
or His Designee, Debatable for 10 Minutes
In subtitle E of title XVII, add at the end the following:
SEC. __. COVID-19 EMERGENCY MEDICAL SUPPLIES ENHANCEMENT.
(a) Determination on Emergency Supplies and Relationship to
State and Local Efforts.--
(1) Determination.--For the purposes of section 101
of the Defense Production Act of 1950 (50 U.S.C. 4511),
the following materials shall be deemed to be scarce
and critical materials essential to the national
defense and otherwise meet the requirements of section
101(b) of such Act during the COVID-19 emergency
period:
(A) Diagnostic tests, including serological
tests, for COVID-19 and the reagents and other
materials necessary for producing or conducting
such tests.
(B) Personal protective equipment, including
face shields, N-95 respirator masks, and any
other masks determined by the Secretary of
Health and Human Services to be needed to
respond to the COVID-19 pandemic, and the
materials to produce such equipment.
(C) Medical ventilators, the components
necessary to make such ventilators, and
medicines needed to use a ventilator as a
treatment for any individual who is
hospitalized for COVID-19.
(D) Pharmaceuticals and any medicines
determined by the Food and Drug Administration
or another Government agency to be effective in
treating COVID-19 (including vaccines for
COVID-19) and any materials necessary to
produce or use such pharmaceuticals or
medicines (including self-injection syringes or
other delivery systems).
(E) Any other medical equipment or supplies
determined by the Secretary of Health and Human
Services or the Secretary of Homeland Security
to be scarce and critical materials essential
to the national defense for purposes of section
101 of the Defense Production Act of 1950 (50
U.S.C. 4511).
(2) Exercise of title i authorities in relation to
contracts by state and local governments.--In
exercising authorities under title I of the Defense
Production Act of 1950 (50 U.S.C. 4511 et seq.) during
the COVID-19 emergency period, the President (and any
officer or employee of the United States to which
authorities under such title I have been delegated)--
(A) may exercise the prioritization or
allocation authority provided in such title I
to exclude any materials described in paragraph
(1) ordered by a State or local government that
are scheduled to be delivered within 15 days of
the time at which--
(i) the purchase order or contract by
the Federal Government for such
materials is made; or
(ii) the materials are otherwise
allocated by the Federal Government
under the authorities contained in such
Act; and
(B) shall, within 24 hours of any exercise of
the prioritization or allocation authority
provided in such title I--
(i) notify any State or local
government if the exercise of such
authorities would delay the receipt of
such materials ordered by such
government; and
(ii) take such steps as may be
necessary to ensure that such materials
ordered by such government are
delivered in the shortest possible
period.
(3) Update to the federal acquisition regulation.--
Not later than 15 days after the date of the enactment
of this Act, the Federal Acquisition Regulation shall
be revised to reflect the requirements of paragraph
(2)(A).
(b) Engagement With the Private Sector.--
(1) Sense of congress.--The Congress--
(A) appreciates the willingness of private
companies not traditionally involved in
producing items for the health sector to
volunteer to use their expertise and supply
chains to produce essential medical supplies
and equipment;
(B) encourages other manufacturers to review
their existing capacity and to develop capacity
to produce essential medical supplies, medical
equipment, and medical treatments to address
the COVID-19 emergency; and
(C) commends and expresses deep appreciation
to individual citizens who have been producing
personal protective equipment and other
materials for, in particular, use at hospitals
in their community.
(2) Outreach representative.--
(A) Designation.--Consistent with the
authorities in title VII of the Defense
Production Act of 1950 (50 U.S.C. 4551 et
seq.), the Administrator of the Federal
Emergency Management Agency, in consultation
with the Secretary of Health and Human
Services, shall designate or shall appoint,
pursuant to section 703 of such Act (50 U.S.C.
4553), an individual to be known as the
``Outreach Representative''. Such individual
shall--
(i) be appointed from among
individuals with substantial experience
in the private sector in the production
of medical supplies or equipment; and
(ii) act as the Government-wide
single point of contact during the
COVID-19 emergency for outreach to
manufacturing companies and their
suppliers who may be interested in
producing medical supplies or
equipment, including the materials
described under subsection (a).
(B) Encouraging partnerships.--The Outreach
Representative shall seek to develop
partnerships between companies, in coordination
with the Supply Chain Stabilization Task Force
or any overall coordinator appointed by the
President to oversee the response to the COVID-
19 emergency, including through the exercise of
the authorities under section 708 of the
Defense Production Act of 1950 (50 U.S.C.
4558).
(c) Enhancement of Supply Chain Production.--In exercising
authority under title III of the Defense Production Act of 1950
(50 U.S.C. 4531 et seq.) with respect to materials described in
subsection (a), the President shall seek to ensure that support
is provided to companies that comprise the supply chains for
reagents, components, raw materials, and other materials and
items necessary to produce or use the materials described in
subsection (a).
(d) Oversight of Current Activity and Needs.--
(1) Response to immediate needs.--
(A) In general.--Not later than 7 days after
the date of the enactment of this Act, the
President, in coordination with the National
Response Coordination Center of the Federal
Emergency Management Agency, the Administrator
of the Defense Logistics Agency, the Secretary
of Health and Human Services, the Secretary of
Veterans Affairs, and heads of other Federal
agencies (as appropriate), shall submit to the
appropriate congressional committees a report
assessing the immediate needs described in
subparagraph (B) to combat the COVID-19
pandemic and the plan for meeting those
immediate needs.
(B) Assessment.--The report required by this
paragraph shall include--
(i) an assessment of the needs for
medical supplies or equipment necessary
to address the needs of the population
of the United States infected by the
virus SARS-CoV-2 that causes COVID-19
and to prevent an increase in the
incidence of COVID-19 throughout the
United States, including diagnostic
tests, serological tests, medicines
that have been approved by the Food and
Drug Administration to treat COVID-19,
and ventilators and medicines needed to
employ ventilators;
(ii) based on meaningful
consultations with relevant
stakeholders, an identification of the
target rate of diagnostic testing for
each State and an assessment of the
need for personal protective equipment
and other supplies (including
diagnostic tests) required by--
(I) health professionals,
health workers, and hospital
staff including supplies needed
for worst case scenarios for
surges of COVID-19 infections
and hospitalizations;
(II) workers in industries
and sectors described in the
``Advisory Memorandum on
Identification of Essential
Critical Infrastructure Workers
during the COVID-19 Response''
issued by the Director of
Cybersecurity and
Infrastructure Security Agency
of the Department of Homeland
Security on April 17, 2020 (and
any expansion of industries and
sectors included in updates to
such advisory memorandum);
(III) students, teachers, and
administrators at primary and
secondary schools; and
(IV) other workers determined
to be essential based on such
consultation;
(iii) an assessment of the quantities
of equipment and supplies in the
Strategic National Stockpile
(established under section 319F-2 of
the Public Health Service Act ((42
U.S.C. 247d-6b(a)(1))) as of the date
of the report, and the projected gap
between the quantities of equipment and
supplies identified as needed in the
assessment under clauses (i) and (ii)
and the quantities in the Strategic
National Stockpile;
(iv) an identification of the
industry sectors and manufacturers most
ready to fulfill purchase orders for
such equipment and supplies (including
manufacturers that may be incentivized)
through the exercise of authority under
section 303(e) of the Defense
Production Act of 1950 (50 U.S.C.
4533(e)) to modify, expand, or improve
production processes to manufacture
such equipment and supplies to respond
immediately to a need identified in
clause (i) or (ii);
(v) an identification of Government-
owned and privately-owned stockpiles of
such equipment and supplies not
included in the Strategic National
Stockpile that could be repaired or
refurbished;
(vi) an identification of previously
distributed critical supplies that can
be redistributed based on current need;
(vii) a description of any exercise
of the authorities described under
paragraph (1)(E) or (2)(A) of
subsection (a); and
(viii) an identification of critical
areas of need, by county and by areas
identified by the Indian Health
Service, in the United States and the
metrics and criteria for identification
as a critical area.
(C) Plan.--The report required by this
paragraph shall include a plan for meeting the
immediate needs to combat the COVID-19
pandemic, including the needs described in
subparagraph (B). Such plan shall include--
(i) each contract the Federal
Government has entered into to meet
such needs, including the purpose of
each contract, the type and amount of
equipment, supplies, or services to be
provided under the contract, the entity
performing such contract, and the
dollar amount of each contract;
(ii) each contract that the Federal
Government intends to enter into within
14 days after submission of such
report, including the information
described in subparagraph (B) for each
such contract; and
(iii) whether any of the contracts
described in clause (i) or (ii) have or
will have a priority rating under the
Defense Production Act of 1950 (50
U.S.C. 4501 et seq.), including
purchase orders pursuant to Department
of Defense Directive 4400.1 (or any
successor directive), subpart A of part
101 of title 45, Code of Federal
Regulations, or any other applicable
authority.
(D) Additional requirements.--The report
required by this paragraph, and each update
required by subparagraph (E), shall include--
(i) any requests for equipment and
supplies from State or local
governments and Indian Tribes, and an
accompanying list of the employers and
unions consulted in developing these
requests;
(ii) any modeling or formulas used to
determine allocation of equipment and
supplies, and any related chain of
command issues on making final
decisions on allocations;
(iii) the amount and destination of
equipment and supplies delivered;
(iv) an explanation of why any
portion of any contract described under
subparagraph (C), whether to replenish
the Strategic National Stockpile or
otherwise, will not be filled;
(v) of products procured under such
contract, the percentage of such
products that are used to replenish the
Strategic National Stockpile, that are
targeted to COVID-19 hotspots, and that
are used for the commercial market;
(vi) a description of the range of
prices for goods described in
subsection (a), or other medical
supplies and equipment that are subject
to shortages, purchased by the United
States Government, transported by the
Government, or otherwise known to the
Government, which shall also identify
all such prices that exceed the
prevailing market prices of such goods
prior to March 1, 2020, and any actions
taken by the Government under section
102 of the Defense Production Act of
1950 or similar provisions of law to
prevent hoarding of such materials and
charging of such increased prices
between March 1, 2020, and the date of
the submission of the first report
required by this paragraph, and, for
all subsequent reports, within each
reporting period;
(vii) metrics, formulas, and criteria
used to determine COVID-19 hotspots or
areas of critical need for a State,
county, or an area identified by the
Indian Health Service;
(viii) production and procurement
benchmarks, where practicable; and
(ix) results of the consultation with
the relevant stakeholders required by
subparagraph (B)(ii).
(E) Updates.--The President, in coordination
with the National Response Coordination Center
of the Federal Emergency Management Agency, the
Administrator of the Defense Logistics Agency,
the Secretary of Health and Human Services, the
Secretary of Veterans Affairs, and heads of
other Federal agencies (as appropriate), shall
update such report every 14 days.
(F) Public availability.--The President shall
make the report required by this paragraph and
each update required by subparagraph (E)
available to the public, including on a
Government website.
(2) Response to longer-term needs.--
(A) In general.--Not later than 14 days after
the date of enactment of this Act, the
President, in coordination with the National
Response Coordination Center of the Federal
Emergency Management Agency, the Administrator
of the Defense Logistics Agency, the Secretary
of Health and Human Services, the Secretary of
Veterans Affairs, and heads of other Federal
agencies (as appropriate), shall submit to the
appropriate congressional committees a report
containing an assessment of the needs described
in subparagraph (B) to combat the COVID-19
pandemic and the plan for meeting such needs
during the 6-month period beginning on the date
of submission of the report.
(B) Assessment.--The report required by this
paragraph shall include--
(i) an assessment of the elements
describe in clauses (i) through (v) and
clause (viii) of paragraph (1)(B);
(ii) an assessment of needs related
to COVID-19 vaccines;
(iii) an assessment of the manner in
which the Defense Production Act of
1950 could be exercised to increase
services related to health surveillance
to ensure that the appropriate level of
contact tracing related to detected
infections is available throughout the
United States to prevent future
outbreaks of COVID-19 infections; and
(iv) an assessment of any additional
services needed to address the COVID-19
pandemic.
(C) Plan.--The report required by this
paragraph shall include a plan for meeting the
longer-term needs to combat the COVID-19
pandemic, including the needs described in
subparagraph (B). This plan shall include--
(i) a plan to exercise authorities
under the Defense Production Act of
1950 (50 U.S.C. 4501 et seq.) necessary
to increase the production of the
medical equipment, supplies, and
services that are essential to meeting
the needs identified in subparagraph
(B), including the number of N-95
respirator masks and other personal
protective equipment needed, based on
meaningful consultations with relevant
stakeholders, by the private sector to
resume economic activity and by the
public and nonprofit sectors to
significantly increase their
activities;
(ii) results of the consultations
with the relevant stakeholders required
by clause (i);
(iii) an estimate of the funding and
other measures necessary to rapidly
expand manufacturing production
capacity for such equipment and
supplies, including--
(I) any efforts to expand,
retool, or reconfigure
production lines;
(II) any efforts to establish
new production lines through
the purchase and installation
of new equipment; or
(III) the issuance of
additional contracts, purchase
orders, purchase guarantees, or
other similar measures;
(iv) each contract the Federal
Government has entered into to meet
such needs or expand such production,
the purpose of each contract, the type
and amount of equipment, supplies, or
services to be provided under the
contract, the entity performing such
contract, and the dollar amount of each
contract;
(v) each contract that the Federal
Government intends to enter into within
14 days after submission of such
report, including the information
described in clause (iv) for each such
contract;
(vi) whether any of the contracts
described in clause (iv) or (v) have or
will have a priority rating under the
Defense Production Act of 1950 (50
U.S.C. 4501 et seq.), including
purchase orders pursuant to Department
of Defense Directive 4400.1 (or any
successor directive), subpart A of part
101 of title 45, Code of Federal
Regulations, or any other applicable
authority; and
(vii) the manner in which the Defense
Production Act of 1950 (50 U.S.C. 4501
et seq.) could be used to increase
services necessary to combat the COVID-
19 pandemic, including services
described in subparagraph (B)(ii).
(D) Updates.--The President, in coordination
with the National Response Coordination Center
of the Federal Emergency Management Agency, the
Administrator of the Defense Logistics Agency,
the Secretary of Health and Human Services, the
Secretary of Veterans Affairs, and heads of
other Federal agencies (as appropriate), shall
update such report every 14 days.
(E) Public availability.--The President shall
make the report required by this subsection and
each update required by subparagraph (D)
available to the public, including on a
Government website.
(3) Report on exercising authorities under the
defense production act of 1950.--
(A) In general.--Not later than 14 days after
the date of the enactment of this Act, the
President, in consultation with the
Administrator of the Federal Emergency
Management Agency, the Secretary of Defense,
and the Secretary of Health and Human Services,
shall submit to the appropriate congressional
committees a report on the exercise of
authorities under titles I, III, and VII of the
Defense Production Act of 1950 (50 U.S.C. 4501
et seq.) prior to the date of such report.
(B) Contents.--The report required under
subparagraph (A) and each update required under
subparagraph (C) shall include, with respect to
each exercise of such authority--
(i) an explanation of the purpose of
the applicable contract, purchase
order, or other exercise of authority
(including an allocation of materials,
services, and facilities under section
101(a)(2) of the Defense Production Act
of 1950 (50 U.S.C. 4511(a)(2));
(ii) the cost of such exercise of
authority; and
(iii) if applicable--
(I) the amount of goods that
were purchased or allocated;
(II) an identification of the
entity awarded a contract or
purchase order or that was the
subject of the exercise of
authority; and
(III) an identification of
any entity that had shipments
delayed by the exercise of any
authority under the Defense
Production Act of 1950 (50
U.S.C. 4501 et seq.).
(C) Updates.--The President shall update the
report required under subparagraph (A) every 14
days.
(D) Public availability.--The President shall
make the report required by this subsection and
each update required by subparagraph (C)
available to the public, including on a
Government website.
(4) Quarterly reporting.--The President shall submit
to Congress, and make available to the public
(including on a Government website), a quarterly report
detailing all expenditures made pursuant to titles I,
III, and VII of the Defense Production Act of 1950 50
U.S.C. 4501 et seq.).
(5) Exercise of loan authorities.--
(A) In general.--Any loan made pursuant to
section 302 or 303 of the Defense Production
Act of 1950, carried out by the International
Development Finance Corporation pursuant to the
authorities delegated by Executive Order 13922,
shall be subject to the notification
requirements contained in section 1446 of the
BUILD Act of 2018 (22 U.S.C. 9656).
(B) Appropriate congressional committees.--
For purposes of the notifications required by
subparagraph (A), the term ``appropriate
congressional committees'', as used section
1446 of the BUILD Act of 2018, shall be deemed
to include the Committee on Financial Services
of the House of Representatives and the
Committee on Banking, Housing and Urban
Development of the Senate.
(6) Sunset.--The requirements of this subsection
shall terminate on the later of--
(A) December 31, 2021; or
(B) the end of the COVID-19 emergency period.
(e) Enhancements to the Defense Production Act of 1950.--
(1) Health emergency authority.--Section 107 of the
Defense Production Act of 1950 (50 U.S.C. 4517) is
amended by adding at the end the following:
``(c) Health Emergency Authority.--With respect to a public
health emergency declaration by the Secretary of Health and
Human Services under section 319 of the Public Health Service
Act, or preparations for such a health emergency, the Secretary
of Health and Human Services and the Administrator of the
Federal Emergency Management Agency are authorized to carry out
the authorities provided under this section to the same extent
as the President.''.
(2) Emphasis on business concerns owned by women,
minorities, veterans, and native americans.--Section
108 of the Defense Production Act of 1950 (50 U.S.C.
4518) is amended--
(A) in the heading, by striking
``MODERNIZATION OF SMALL BUSINESS SUPPLIERS''
and inserting ``SMALL BUSINESS PARTICIPATION
AND FAIR INCLUSION'';
(B) by amending subsection (a) to read as
follows:
``(a) Participation and Inclusion.--
``(1) In general.--In providing any assistance under
this Act, the President shall accord a strong
preference for subcontractors and suppliers that are--
``(A) small business concerns; or
``(B) businesses of any size owned by women,
minorities, veterans, and the disabled.
``(2) Special consideration.--To the maximum extent
practicable, the President shall accord the preference
described under paragraph (1) to small business
concerns and businesses described in paragraph (1)(B)
that are located in areas of high unemployment or areas
that have demonstrated a continuing pattern of economic
decline, as identified by the Secretary of Labor.'';
and
(C) by adding at the end the following:
``(c) Minority Defined.--In this section, the term
`minority'--
``(1) has the meaning given the term in section
308(b) of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989; and
``(2) includes any indigenous person in the United
States, including any territories of the United
States.''.
(3) Additional information in annual report.--Section
304(f)(3) of the Defense Production Act of 1950 (50
U.S.C. 4534(f)(3)) is amended by striking ``year.'' and
inserting ``year, including the percentage of contracts
awarded using Fund amounts to each of the groups
described in section 108(a)(1)(B) (and, with respect to
minorities, disaggregated by ethnic group), and the
percentage of the total amount expended during such
fiscal year on such contracts.''.
(4) Definition of national defense.--Section 702(14)
of the Defense Production Act of 1950 is amended by
striking ``and critical infrastructure protection and
restoration'' and inserting ``, critical infrastructure
protection and restoration, and health emergency
preparedness and response activities''.
(f) Securing Essential Medical Materials.--
(1) Statement of policy.--Section 2(b) of the Defense
Production Act of 1950 (50 U.S.C. 4502) is amended--
(A) by redesignating paragraphs (3) through
(8) as paragraphs (4) through (9),
respectively; and
(B) by inserting after paragraph (2) the
following:
``(3) authorities under this Act should be used when
appropriate to ensure the availability of medical
materials 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;''.
(2) Strengthening domestic capability.--Section 107
of the Defense Production Act of 1950 (50 U.S.C. 4517)
is amended--
(A) in subsection (a), by inserting
``(including medical materials)'' after
``materials''; and
(B) in subsection (b)(1), by inserting
``(including medical materials such as drugs to
diagnose, cure, mitigate, treat, or prevent
disease that essential to national defense)''
after ``essential materials''.
(3) 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 MATERIALS.
``(a) In General.--Not later than 180 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 materials
(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; and
``(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
materials 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 the Speaker, majority leader, and
minority leader of the House of Representatives, the majority
leader and minority leader of the Senate, the Chairman and
Ranking Member of the Committees on Armed Services and
Financial Services of the House of Representatives, and the
Chairman and Ranking Member of the Committees on Armed Services
and Banking, Housing, and Urban Affairs of the Senate.''.
(g) GAO Report.--
(1) In general.--Not later than 270 days after the
date of the enactment of this Act, and annually
thereafter, the Comptroller General of the United
States shall submit to the appropriate congressional
committees a report on ensuring that the United States
Government has access to the medical supplies and
equipment necessary to respond to future pandemics and
public health emergencies, including recommendations
with respect to how to ensure that the United States
supply chain for diagnostic tests (including
serological tests), personal protective equipment,
vaccines, and therapies is better equipped to respond
to emergencies, including through the use of funds in
the Defense Production Act Fund under section 304 of
the Defense Production Act of 1950 (50 U.S.C. 4534) to
address shortages in that supply chain.
(2) Review of assessment and plan.--
(A) In general.--Not later than 30 days after
each of the submission of the reports described
in paragraphs (1) and (2) of subsection (d),
the Comptroller General of the United States
shall submit to the appropriate congressional
committees an assessment of such reports,
including identifying any gaps and providing
any recommendations regarding the subject
matter in such reports.
(B) Monthly review.--Not later than a month
after the submission of the assessment under
subparagraph (A), and monthly thereafter, the
Comptroller General shall issue a report to the
appropriate congressional committees with
respect to any updates to the reports described
in paragraph (1) and (2) of subsection (d) that
were issued during the previous 1-month period,
containing an assessment of such updates,
including identifying any gaps and providing
any recommendations regarding the subject
matter in such updates.
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committees on Appropriations, Armed Services, Energy
and Commerce, Financial Services, Homeland Security,
and Veterans' Affairs of the House of Representatives
and the Committees on Appropriations, Armed Services,
Banking, Housing, and Urban Affairs, Health, Education,
Labor, and Pensions, Homeland Security and Governmental
Affairs, and Veterans' Affairs of the Senate.
(2) COVID-19 emergency period.--The term ``COVID-19
emergency period'' means the period beginning on the
date of enactment of this Act and ending after the end
of the incident period for the emergency declared on
March 13, 2020, by the President under Section 501 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 4121 et seq.) relating to the
Coronavirus Disease 2019 (COVID-19) pandemic.
(3) Relevant stakeholder.--The term ``relevant
stakeholder'' means--
(A) representative private sector entities;
(B) representatives of the nonprofit sector;
(C) representatives of primary and secondary
school systems; and
(D) representatives of labor organizations
representing workers, including unions that
represent health workers, manufacturers,
teachers, other public sector employees, and
service sector workers.
(4) State.--The term ``State'' means each of the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, and any territory or
possession of the United States.
----------
384. An Amendment To Be Offered by Representative Veasey of Texas or
His Designee, Debatable for 10 Minutes
Page 1115, after line 5, add the following new section:
SEC. 1762. PROHIBITION ON PROVISION OF GRANT FUNDS TO ENTITIES THAT
HAVE VIOLATED INTELLECTUAL PROPERTY RIGHTS OF
UNITED STATES ENTITIES.
(a) Amendment.--Section 47110 of title 49, United States
Code, is amended by adding at the end the following:
``(j) Prohibition on Provision of Grant Funds to Entities
That Have Violated Intellectual Property Rights of United
States Entities.--
``(1) In general.--Beginning on the date that is 30
days after the date of the enactment of this
subsection, amounts provided as project grants under
this subchapter may not be used to enter into a
contract described in paragraph (2) with any entity on
the list required by paragraph (3).
``(2) Contract described.--A contract described in
this paragraph is a contract or other agreement for the
procurement of infrastructure or equipment for a
passenger boarding bridge at an airport.
``(3) List required.--
``(A) In general.--Not later than 30 days
after the date of the enactment of this
section, and thereafter as required by
subparagraphs (B) and (C), the Administrator of
the Federal Aviation Administration shall,
based on information provided by the United
States Trade Representative and the Attorney
General, make available to the public a list of
entities that--
``(i)(I) are owned or controlled by,
or receive subsidies from, the
government of a country--
``(aa) identified by the
Trade Representative under
subsection (a)(1) of section
182 of the Trade Act of 1974
(19 U.S.C. 2242) in the most
recent report required by that
section; and
``(bb) subject to monitoring
by the Trade Representative
under section 306 of the Trade
Act of 1974 (19 U.S.C. 2416);
and
``(II) have been determined by a
Federal court to have misappropriated
intellectual property or trade secrets
from an entity organized under the laws
of the United States or any
jurisdiction within the United States;
or
``(ii) own or control, are owned or
controlled by, are under common
ownership or control with, or are
successors to, an entity described in
clause (i).
``(B) Updates to list.--The Administrator
shall update the list required by subparagraph
(A), based on information provided by the Trade
Representative and the Attorney General--
``(i) not less frequently than every
90 days during the 180-day period
following the initial publication of
the list under subparagraph (A); and
``(ii) not less frequently than
annually during the 5-year period
following the 180-day period described
in clause (i).
``(C) Continuation of requirement to update
list.--
``(i) In general.--Not later than the
end of the 5-year period described in
subparagraph (B)(ii), the Administrator
shall make a determination with respect
to whether continuing to update the
list required by subparagraph (A) is
necessary to carry out this subsection.
``(ii) Effect of determination that
updates are necessary.--If the
Administrator determines under clause
(i) that continuing to update the list
required by subparagraph (A) is
necessary, the Administrator shall
continue to update the list, based on
information provided by the Trade
Representative and the Attorney
General, not less frequently than
annually.
``(iii) Effect of determination that
updates are not necessary.--If the
Administrator determines under clause
(i) that continuing to update the list
required by subparagraph (A) is not
necessary, the Administrator shall, not
later than 90 days after making the
determination, submit to Congress a
report on the determination and the
reasons for the determination.''.
(b) Sunset.--The amendment made by subsection (a) shall not
have any force or effect on and after September 30, 2023.
----------
385. An Amendment To Be Offered by Representative Veasey of Texas or
His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VIII, add the following new
section:
SEC. 8_. EMPLOYMENT SIZE STANDARD REQUIREMENTS.
(a) In General.--Section 3(a)(2) of the Small Business Act
(15 U.S.C. 632(a)(2)) is amended--
(1) in subparagraph (A), by inserting ``and subject
to the requirements specified under subparagraph (C)''
after ``paragraph (1)''; and
(2) in subparagraph (C)--
(A) by inserting ``(including the
Administration when acting pursuant to
subparagraph (A))'' after ``no Federal
department or agency''; and
(B) in clause (ii)(I) by striking ``12
months'' and inserting ``24 months''.
(b) Effective Date.--This Act and the amendments made by this
Act shall take effect 1 year after the date of the enactment of
this Act.
----------
386. An Amendment To Be Offered by Representative Vela of Texas or His
Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, add the following:
SEC. 5_. LIMITED EXCEPTION FOR ATTENDANCE OF ENLISTED PERSONNEL AT
SENIOR LEVEL AND INTERMEDIATE LEVEL OFFICER
PROFESSIONAL MILITARY EDUCATION COURSES.
Section 559 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1775) is amended--
(1) in subsection (a), by striking ``None of the
funds'' and inserting ``Except as provided in
subsection (b), none of the funds'';
(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) Exception.--Funds authorized to be appropriated or
otherwise made available for the Department of Defense may be
obligated or expended for the purpose of the attendance of
enlisted personnel at senior level and intermediate level
officer professional military education courses if--
``(1) the enlisted personnel attending such courses
have completed professional military education at the
appropriate grade prior to attendance;
``(2) the Secretary concerned (as defined in section
101(a)(9) of title 10, United States Code) establishes
a screening and selection process to choose enlisted
personnel to attend such courses;
``(3) with respect to attendees of resident
programs--
``(A) the Secretary concerned establishes a
utilization policy for enlisted graduates of
such programs; and
``(B) attendees of such programs agree to a
3-year service obligation after completion of
such programs;
``(4) the Secretary concerned authorizes enlisted
personnel to attend only after the Secretary determines
all requirements for attendance of officers at such
courses have been met; and
``(5) an officer is not denied attendance at such
courses for the primary purpose of allowing enlisted
personnel to attend.''.
----------
387. An Amendment To Be Offered by Representative Wagner of Missouri or
Her Designee, Debatable for 10 Minutes
Page 845, after line 7, insert the following:
SEC. 1260. SOUTHEAST ASIA STRATEGY.
(a) Findings.--Congress finds the following:
(1) Southeast Asia is the fulcrum of the Indo-Pacific
region, providing both a geographic and maritime link
between East and South Asia.
(2) The Association of Southeast Asian Nations
(ASEAN), a regional intergovernmental organization,
remains central to the Indo-Pacific region's
institutional architecture and to United States foreign
policy toward the region.
(3) The United States has reaffirmed that the
security and sovereignty of its Southeast Asian allies
and partners, including a strong, independent ASEAN,
remain vital to the security, prosperity, and stability
of the Indo-Pacific region.
(4) The United States has committed to continuing to
deepen longstanding alliances and partnerships with a
range of Southeast Asian nations, including by
promoting our shared values, democracy, human rights,
and civil society.
(5) Since the end of the Second World War, United
States investments in strengthening alliances and
partnerships with Southeast Asian nations have yielded
tremendous returns for United States interests, as
working with and through these alliances and
partnerships have increased the region's capacity and
capability to address common challenges.
(6) ASEAN member states are critical United States
security partners in preventing violent extremism and
protecting the freedom and openness of the maritime
domain and in preventing the trafficking of weapons of
mass destruction.
(7) ASEAN member states have contributed
significantly to regional disaster monitoring and
management and emergency response through initiatives
such as the ASEAN Coordinating Centre for Humanitarian
Assistance on Disaster Management, an inter-
governmental organization that facilitates coordination
and cooperation among ASEAN member states and
international organizations in times of emergency.
(8) According to the 2018 ASEAN Business Outlook
Survey, ASEAN member states are vital to the prosperity
of the United States economy and exports to ASEAN
economies support more than 500,000 jobs in the United
States.
(9) The United States and ASEAN have recently
celebrated the 40th anniversary of their ties and
established a new strategic partnership that will
enhance cooperation across the economic, political-
security, and people-to-people pillars of the
relationship.
(b) Statement of Policy.--It is the policy of the United
States to--
(1) deepen cooperation with ASEAN and ASEAN member
states in the interest of promoting peace, security,
and stability in the Indo-Pacific region;
(2) affirm the importance of ASEAN centrality and
ASEAN-led mechanisms in the evolving institutional
architecture of the Indo-Pacific region; and
(3) establish and communicate a comprehensive
strategy toward the Indo-Pacific region that
articulates--
(A) the role and importance of Southeast Asia
to the United States;
(B) the value of the United States-ASEAN
relationship;
(C) the mutual interests of all parties;
(D) the concrete and material benefits all
nations derive from strong United States
engagement and leadership in Southeast Asia;
and
(E) efforts to forge and maintain ASEAN
consensus, especially on key issues of
political and security concern to the region,
such as the South China Sea.
(c) Strategy for Engagement With Southeast Asia and ASEAN.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
State, in consultation with the heads of other Federal
departments and agencies as appropriate, shall develop
and submit to the appropriate congressional committees
a comprehensive strategy for engagement with Southeast
Asia and ASEAN.
(2) Matters to be included.--The strategy required by
paragraph (1) shall include the following:
(A) A statement of enduring United States
interests in Southeast Asia and a description
of efforts to bolster the effectiveness of
ASEAN.
(B) A description of efforts to--
(i) deepen and expand Southeast Asian
alliances, partnerships, and
multilateral engagements, including
efforts to expand broad based and
inclusive economic growth, security
ties, security cooperation and
interoperability, economic
connectivity, and expand opportunities
for ASEAN to work with other like-
minded partners in the region; and
(ii) encourage like-minded partners
outside of the Indo-Pacific region to
engage with ASEAN.
(C) A summary of initiatives across the whole
of the United States Government to strengthen
the United States partnership with Southeast
Asian nations and ASEAN, including to promote
broad based and inclusive economic growth,
trade, investment, energy and efforts to combat
climate change, public-private partnerships,
physical and digital infrastructure
development, education, disaster management,
public health and economic and political
diplomacy in Southeast Asia.
(D) A summary of initiatives across the whole
of the United States Government to enhance the
capacity of Southeast Asian nations with
respect to enforcing international law and
multilateral sanctions, and initiatives to
cooperate with ASEAN as an institution in these
areas.
(E) A summary of initiatives across the whole
of the United States Government to promote
human rights and democracy, to strengthen the
rule of law, civil society, and transparent
governance, and to protect the integrity of
elections from outside influence.
(F) A summary of initiatives to promote
security cooperation and security assistance
within Southeast Asian nations, including--
(i) maritime security and maritime
domain awareness initiatives for
protecting the maritime commons and
supporting international law and
freedom of navigation in the South
China Sea; and
(ii) efforts to combat terrorism,
human trafficking, piracy, and illegal
fishing, and promote more open,
reliable routes for sea lines of
communication.
(3) Appropriate congressional committees defined.--In
this subsection, the term ``appropriate congressional
committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Armed Services of the Senate.
----------
388. An Amendment To Be Offered by Representative Walorski of Indiana
or Her Designee, Debatable for 10 Minutes
Page 1024, after line 6, insert the following:
SEC. 1706. REPORT ON AGILE PROGRAM AND PROJECT MANAGEMENT.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a publicly available report on agile program
and project management within the Department of Defense. The
report shall include the following:
(1) A review of all statutory provisions enabling the
use of agile program and project management within the
Department of Defense.
(2) An evaluation of the implementation of statutory
provisions enabling the use of agile program and
project management within the Department of Defense and
Armed Forces.
(3) An evaluation of the agile program and project
methodologies used within the Department of Defense and
Armed Forces.
(4) An evaluation of the how agile program and
project methodologies have enabled efforts to prepare
the Department of Defense and Armed Forces for the
future of work.
(5) An evaluation of the enterprise scalability of
the agile program and project methodologies used within
the Department of Defense and Armed Forces, including
how well agile methods are integrated into the
enterprise when used at scale.
(6) An analysis of the impediments to the further
adoption and enterprise scalability of agile program
and project management including statutory impediments,
as well as existing policy, guidance, and instruction
of the Department of Defense and Armed Forces.
(7) An analysis of the impact of further adoption and
enterprise scalability of agile program and project
management on the future of work within the Department
of Defense and Armed Forces.
(8) Such other information as the Comptroller General
determines appropriate.
(b) Interim Briefing.--Not later than March 1, 2021, the
Comptroller General shall provide to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a briefing on the topics to be
covered by the report under subsection (a), including and
preliminary data and any issues or concerns of the Comptroller
General relating to the report.
(c) Access to Relevant Data.--For purposes of this section,
the Secretary of Defense shall ensure that the Comptroller
General has access to all relevant data.
----------
389. An Amendment To Be Offered by Representative Waters of California
or Her Designee, Debatable for 10 Minutes
Page 143, line 16, strike ``and'' at the end.
Page 143, after line 16, insert the following new paragraph:
(5) ensuring emerging technologies procured and used
by the military will be tested for algorithmic bias and
discriminatory outcomes; and
Page 143, line 17, strike ``(5)'' and insert ``(6)''.
----------
390. An Amendment To Be Offered by Representative Welch of Vermont or
His Designee, Debatable for 10 Minutes
Page 503, after line 3, insert the following new paragraphs
and redesginate the subsequent paragraph accordingly:
(7) Information on any respiratory illness of the
beneficiary recorded prior to the COVID-19 diagnosis of
the beneficiary.
(8) Any information regarding the beneficiary
contained in the Airborne Hazards and Open Burn Pit
Registry established under section 201 of the Dignified
Burial and Other Veterans' Benefits Improvement Act of
2012 (Public Law 112-260; 38 U.S.C. 527, note).
----------
391. An Amendment To Be Offered by Representative Welch of Vermont or
His Designee, Debatable for 10 Minutes
Page 501, after line 25, insert the following:
(d) Inspector General Report on Response to COVID-19.--Not
later than June 1, 2021, the Inspector General of the
Department of Defense shall submit to the congressional defense
committees and the Secretary of Defense a report on--
(1) the total dollar amount of waste, fraud, and
abuse uncovered in any Department of Defense spending
under the Defense Production Act of 1950 with respect
to the COVID-19 pandemic; and
(2) any recommendations on how to combat waste,
fraud, and abuse in future spending related to pandemic
preparedness and response.
----------
392. An Amendment To Be Offered by Representative Wenstrup of Ohio or
His Designee, Debatable for 10 Minutes
Page 485, after line 2, insert the following new
subparagraphs (and revise the subsequent subparagraphs
accordingly):
(D) an identification of any barriers that
exist to manufacture finished drugs, biological
products, vaccines, and critical medical
supplies in the United States, including with
respect to regulatory barriers by the Federal
Government and whether the raw materials may be
found in the United States;
(E) an identification of potential partners
of the United States with whom the United
States can work with to realign the
manufacturing capabilities of the United States
for such finished drugs, biological products,
vaccines, and critical medical supplies;
----------
393. An Amendment To Be Offered by Representative Wenstrup of Ohio or
His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII, add the following new
section:
SEC. 7__. STUDY ON JOINT DEPLOYMENT FORMULARY.
(a) Study.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Health and Human Services,
the Commissioner of Food and Drugs, and the heads of other
departments and agencies of the Federal Government that the
Secretary of Defense determines appropriate, shall submit to
the appropriate congressional committees a report containing a
study on the joint deployment formulary
(b) Elements.--The study under subsection (a) shall include--
(1) a list of the drugs and vaccines on the joint
deployment formulary;
(2) an identification of the active pharmaceutical
ingredients of such drugs and vaccines and the
components of such active pharmaceutical ingredients;
(3) the country of origin of--
(A) the active pharmaceutical ingredients;
(B) the components of such ingredients; and
(C) the source materials of such ingredients
and components;
(4) a list of each manufacturer of such drugs and
vaccines that is owned, in whole or in part, by a
foreign entity, including--
(A) identification of each such foreign
entity; and
(B) the percentage of such ownership by each
such foreign entity;
(5) identification of any barriers, limitations, or
constraints that may inhibit the ability of the
Department of Defense to procure and sustain its supply
of drugs and vaccines, including with respect to--
(A) the Federal Acquisition Regulation;
(B) applicable laws and regulations of the
Federal Government; and
(C) whether the raw materials can be found in
the United States;
(6) an identification of military partners and allies
of the United States who could help manufacture such
components and materials;
(7) an assessment of the steps the Secretary of
Defense is currently taking to mitigate any shortages
of critical drugs and vaccines on the joint deployment
formulary;
(8) a description of how the Secretary of Defense
coordinates with the Secretary of Health and Human
Services, the Commissioner of Food and Drugs, the
Secretary of Commerce, the Secretary of Veterans
Affairs, and other applicable heads of departments and
agencies of the Federal Government; and
(9) if the Secretary is unable to provide any of the
information under paragraphs (1) through (8),
identification of any barriers in providing such
information.
(c) Form.--
(1) In general.--The report submitted under
subsection (a) shall be submitted in classified form
and shall include an unclassified summary.
(2) Protection of information.--The Secretary of
Defense--
(A) shall ensure that the unclassified
summary described in paragraph (1) protects
proprietary information pursuant to the Federal
Acquisition Regulation and the Defense Federal
Acquisition Regulation; and
(B) may not disclose in such unclassified
summary any information that is a trade secret
under section 552(b)(4) of title 5, United
States Code, or confidential information under
section 1905 of title 18, United States Code.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Energy and Commerce of the House
of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate; and
(3) any other committee of Congress the Secretary of
Defense determines appropriate.
----------
394. An Amendment To Be Offered by Representative Wexton of Virginia or
Her Designee, Debatable for 10 Minutes
In subtitle E of title XVII, add at the end the following:
SEC. __. DISCLOSURE OF IMPORTS FROM THE XINJIANG UYGHUR AUTONOMOUS
REGION.
(a) In General.--The Secretary of Defense shall issue rules
to require each company that produces or imports manufactured
goods sold in the military commissary and exchange systems to
file an annual report with the Secretary to disclose--
(1) whether any of such goods were--
(A) imported, directly or indirectly, from an
entity that manufactures goods, including
electronics, food products, textiles, shoes,
and teas, that originated in the XUAR; or
(B) manufactured with materials that
originated or are sourced in the XUAR; and
(2) with respect to any goods or materials described
under subparagraph (A) or (B) of paragraph (1)--
(A) whether the goods or materials originated
in forced labor camps; and
(B) whether the company or any affiliate of
the company intends to continue with such
importation.
(b) GAO Report.--The Comptroller General of the United States
shall periodically evaluate and report to Congress on the
effectiveness of the disclosures required under subsection (a).
(c) Definitions.--In this section:
(1) Forced labor camp.--The term ``forced labor
camp'' means--
(A) any entity engaged in the ``pairing
assistance'' program which subsidizes the
establishment of manufacturing facilities in
XUAR;
(B) any entity using convict labor, forced
labor, or indentured labor described under
section 307 of the Tariff Act of 1930 (19
U.S.C. 1307); and
(C) any other entity that the Secretary of
Defense determines is appropriate.
(2) XUAR.--The term ``XUAR'' means the Xinjiang
Uyghur Autonomous Region.
----------
395. An Amendment To Be Offered by Representative Wexton of Virginia or
Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title XII, add the following:
SEC. _. REPORT ON FOREIGN INFLUENCE CAMPAIGNS TARGETING UNITED STATES
FEDERAL ELECTIONS.
(a) In General.--Not later than September 1, 2021, and
biennially thereafter, the Director of National Intelligence,
in consultation with the Secretary of Defense, the Secretary of
State, and any other relevant Federal agency, shall submit to
the appropriate congressional committees a report on foreign
influence campaigns targeting United States Federal elections.
(b) Matters to Be Included.--The report required by
subsection (a) shall include an analysis of the following:
(1) The patterns, tools, and techniques of foreign
influence campaigns across all platforms and the
country of origin of such campaigns.
(2) The extent of inauthentic accounts and ``bot''
networks across platforms, including the scale to which
they exist, how platforms currently act to remove them,
and what percentage have been removed over the last
year.
(3) The reach of intentional or weaponized
disinformation by inauthentic accounts and ``bot''
networks, including analysis of amplification by users
and algorithmic distribution.
(4) The type of media that is being disseminated by
the foreign influence campaign, including fabricated or
falsified content and manipulated videos and photos,
and the intended targeted groups.
(5) The methods that have been used to mitigate
engagement and remove content.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense should provide
a briefing to congressional committees on the report required
by subsection (a).
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives and the Committee on Foreign
Relations and the Select Committee on Intelligence of
the Senate.
----------
396. An Amendment To Be Offered by Representative Wexton of Virginia or
Her Designee, Debatable for 10 Minutes
Page 503, after line 22, insert the following:
SEC. 724. STUDY OF SUBSTANCE USE DISORDERS AMONG MEMBERS OF THE ARMED
FORCES AND VETERANS DURING THE COVID-19 PUBLIC
HEALTH EMERGENCY.
(a) In General.--The Secretaries shall conduct a study on
substance use disorders among the relevant population before
and during the COVID-19 public health emergency. The study
shall include the following:
(1) Analysis of data about the relevant population
who overdosed from opioids or other illicit substances
during the public health emergency, using appropriate
control samples and comparing to existing population
data.
(2) Analysis of fatal opioid and other illicit
substances overdose deaths among the relevant
population during the public health emergency, using
appropriate control samples and comparing to existing
population data.
(3) Analysis of the prevalence of alcohol use
disorder among the relevant population during the
public health emergency, using existing data to
identify any new trends.
(4) Analysis of the association between overdose
deaths and suicide among the relevant population.
(5) An overview of the resources from relevant
Federal agencies, including the Department of Defense,
the United States Department of Veterans Affairs, the
Substance Abuse and Mental Health Services
Administration, the Centers for Disease Control and
Prevention, and the National Institutes of Health, that
were distributed to the relevant population during the
public health emergency, including methods of
dissemination.
(6) An analysis of the utilization of recovery
services and barriers to access the services at the
Veterans Health Administration and the Military Health
System by different modes of delivery, such as
telehealth, inpatient, outpatient, intensive
outpatient, and residential services, during the public
health emergency.
(7) Identification of key areas in which relevant
Federal agencies can improve their pandemic response as
it relates to substance use disorders and overdoses
among the relevant population, including steps that can
be taken to improve the preparedness of the agencies
for future public health emergencies declared by the
Secretary under section 319 of the Public Health
Service Act.
(b) Reports.--
(1) Interim report.--Within 120 days after the COVID-
19 public health emergency ends, the Secretaries shall
submit to the appropriate committees an interim report
that contains an update on the status of the study
required by subsection (a).
(2) Final report.--Not later than 2 years after the
COVID-19 public health emergency ends, the Secretaries
shall submit to the appropriate committees a final
report that contains the results of the study.
(c) Definitions.--In this section:
(1) Appropriate committees.--The term ``appropriate
committees'' means the Committee on Armed Services and
the Committee on Veterans' Affairs of the House of
Representatives and the Committee on Armed Services and
the Committee on Veterans' Affairs of the Senate.
(2) Covid-19 public health emergency.--The term
``COVID-19 public health emergency'' means the public
health emergency declared by the Secretary of Health
and Human Services on January 27, 2020, with respect to
the 2019 Novel Coronavirus.
(3) Relevant population.--The term ``relevant
population'' means members of the Armed Forces and
veterans.
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of Defense and the Secretary of Veterans
Affairs.
----------
397. An Amendment To Be Offered by Representative Wexton of Virginia or
Her Designee, Debatable for 10 Minutes
Page 321, insert after line 25 the following (and redesignate
the succeeding provision accordingly):
(K) How to improve access to resources for
survivors of domestic violence throughout the
stages of military service.
----------
398. An Amendment To Be Offered by Representative Woodall of Georgia or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title VIII the following new
section:
SEC. 8__. REVISIONS TO THE UNIFIED FACILITIES CRITERIA REGARDING THE
USE OF VARIABLE REFRIGERANT FLOW SYSTEMS.
(a) In General.--The Under Secretary of Defense for
Acquisition and Sustainment shall publish any proposed
revisions to the Unified Facilities Criteria regarding the use
of variable refrigerant flow systems in the Federal Register
and shall specify a comment period of at least 60 days.
(b) Notice.--The Secretary shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a
written notice and justification for any proposed revisions to
the Unified Facilities Criteria regarding the use of variable
refrigerant flow systems not later than 30 days after the date
of publication in the Federal Register.
----------
399. An Amendment To Be Offered by Representative Yoho of Florida or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XII, add the following:
SEC. 121_. REPORT ON CIVILIAN CASUALTIES IN AFGHANISTAN.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter subject to
subsection (c), the Secretary of Defense and Secretary of State
shall submit to the Committee on Armed Services and the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Armed Services and the Committee on
Foreign Relations of the Senate a report on civilian casualties
caused by the Afghan National Defense and Security Forces and
Taliban. Such report shall adhere to the existing reporting
framework as the ``Enhancing Security and Stability in
Afghanistan'' semiannual report.
(b) Contents.--The report shall include the following:
(1) A description of the steps the Government of
Afghanistan is taking to minimize civilian casualties
and other harm to civilians and civilian infrastructure
limited to health facilities, schools, and non-
governmental organizations.
(2) An assessment of civilian casualties and other
harm to civilians and civilian infrastructure limited
to health facilities, schools, and non-governmental
organizations caused by the Taliban.
(3) An assessment of the progress of implementation
of the Government of Afghanistan's national civilian
casualty and mitigation policy.
(4) An assessment of the Government of Afghanistan's
capacity and mechanisms for assessing and investigating
reports of civilian casualties, to include a
description of the function and effectiveness of the
Afghan Civilian Casualty Mitigation Team and an
assessment of the availability of channels for
civilians to report civilian harm.
(5) An assessment of the capacity of the Afghan
National Defense and Security Forces and the Taliban to
operate in effective compliance with the laws of armed
conflict, to include its principles of proportion and
distinction, and any gaps or weaknesses in need of
addressing.
(6) An assessment of the Afghan National Defense and
Security Forces' capacity for planning and conducting
operations in accordance with the laws of armed
conflict and for employing practices designed
specifically to limit harm to civilians and civilian
infrastructure; any plans in place by the United States
Government to enhance the capacity of the ANDSF to
minimize harm to civilians in the conduct of its
operations; and any anticipated changes in support and
oversight by US forces that may have an effect on said
capabilities.
(7) A description of the Government of Afghanistan's
support for non-state localized and regional militias
in Afghanistan, including--
(A) an assessment of whether the Government
of Afghanistan has the necessary oversight
mechanisms in place to effectively restrain
adverse impacts on stability and hold local
militias accountable; and
(B) a summary of the efforts by the
Government of Afghanistan including the
Ministry of Interior to integrate local and
regionalized militias into the uniformed Afghan
National Defense and Security Forces including
efforts to support accountability and address
human rights violations and abuses.
(8) Any other matters the Secretary of Defense
determines are relevant.
(c) Sunset.--The reporting requirement under this section
shall terminate on the date that is 3 years after the date of
enactment of this Act.
----------
400. An Amendment To Be Offered by Representative Yoho of Florida or
His Designee, Debatable for 10 Minutes
At the end of subtitle F of title XII, add the following:
SEC. 12__. SENSE OF CONGRESS ON STRATEGIC SECURITY RELATIONSHIP BETWEEN
THE UNITED STATES AND MONGOLIA.
Congress--
(1) recognizes the security relationship between the
United States and Mongolia and remains committed to
advancing the comprehensive partnership in the future;
(2) urges the United States Government and the
Government of Mongolia to deepen military cooperation
through joint defense exercises and hosting military
officers for training in the United States;
(3) encourages the Government of Mongolia to continue
its contributions to multinational peacekeeping
operations, including the North Atlantic Treaty
Organization (NATO) and the United Nations;
(4) commends the Mongolian Armed Forces continued
contributions to NATO's Resolute Support Mission in
Afghanistan to help train Afghan Security Forces and
provide security at Kabul International Airport, and
continued enforcement of United Nations Security
Council sanctions in response to North Korea's illicit
nuclear and ballistic missile programs; and
(5) applauds the continued engagement of Mongolia in
the Organization for Security and Co-operation in
Europe, the Community of Democracies, congressional-
parliamentary partnerships, and other institutions that
promote democratic values, which reinforces the
commitment of the people and the Government of Mongolia
to those values and standards.
----------
401. An Amendment To Be Offered by Representative Yoho of Florida or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title I, insert the following:
SEC. 1__. LIQUIFIED NATURAL GAS PILOT PROGRAM.
The Secretary of the Navy shall carry out a pilot program
under which the Secretary shall experiment and innovate within
the fleet using liquified natural gas technology to retrofit,
modify, or build vessels capable of dual fueling (diesel and
liquified natural gas) or powered by liquified natural gas
alone.
----------
402. An Amendment To Be Offered by Representative Young of Alaska or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XXXV, insert the following:
SEC. 35__. MARINER LICENSING AND CREDENTIALING.
(a) In General.--Except as provided in subsection (b) and
subject to subsection (c), for purposes of licensing and
credentialing of mariners, the Secretary of Homeland Security
shall prescribe a tonnage measurement as a small passenger
vessel, as defined in section 2101 of title 46, United States
Code, for the M/V LISERON (United States official number
971339) for purposes of applying the optional regulatory
measurement under section 14305 and under chapter 145 of that
title.
(b) Exception.--Subsection (a) shall not apply with respect
to the vessel referred to in such subsection if the length of
the vessel exceeds its length on the date of enactment of this
Act.
(c) Restrictions.--The vessel referred to in subsection (a)
is subject to the following restrictions:
(1) The vessel may not operate outside the inland
waters of the United States, as established under
section 151 of title 33, United States Code, when
carrying passengers for hire and operating under
subsection (a).
(2) The Secretary may issue a restricted credential
as appropriate for a licensed individual employed to
serve on such vessel under prescribed regulations.
----------
403. An Amendment To Be Offered by Representative Young of Alaska or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title IX, add the following new
section:
SEC. 9__. ASSIGNMENT OF RESPONSIBILITY FOR THE ARCTIC REGION WITHIN THE
OFFICE OF THE SECRETARY OF DEFENSE.
The Assistant Secretary of Defense for International Security
Affairs shall assign responsibility for the Arctic region to
the Deputy Assistant Secretary of Defense for the Western
Hemisphere or any other Deputy Assistant Secretary of Defense
the Secretary of Defense considers appropriate.
----------
404. An Amendment To Be Offered by Representative Young of Alaska or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XXXV, add the following:
SEC. __. NATIONAL SHIPPER ADVISORY COMMITTEE.
(a) In General.--Part B of subtitle IV of title 46, United
States Code, is amended by adding at the end the following:
``CHAPTER 425--NATIONAL SHIPPER ADVISORY COMMITTEE
``Sec.
``42501. Definitions.
``42502. National Shipper Advisory Committee.
``42503. Administration.
``Sec. 42501. Definitions
``In this chapter:
``(1) Commission.--The term `Commission' means the
Federal Maritime Commission.
``(2) Committee.--The term `Committee' means the
National Shipper Advisory Committee established by
section 42502.
``Sec. 42502. National Shipper Advisory Committee
``(a) Establishment.--There is established a National Shipper
Advisory Committee.
``(b) Function.--The Committee shall advise the Federal
Maritime Commission on policies relating to the
competitiveness, reliability, integrity, and fairness of the
international ocean freight delivery system.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 24
members appointed by the Commission in accordance with
this section.
``(2) Expertise.--Each member of the Committee shall
have particular expertise, knowledge, and experience in
matters relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall
be appointed as follows:
``(A) Twelve members shall represent entities
who import cargo to the United States using
ocean common carriers.
``(B) Twelve members shall represent entities
who export cargo from the United States using
ocean common carriers.
``Sec. 42503. Administration
``(a) Meetings.--The Committee shall, not less than once each
year, meet at the call of the Commission or a majority of the
members of the Committee.
``(b) Employee Status.--A member of the Committee shall not
be considered an employee of the Federal Government by reason
of service on such Committee, except for the purposes of the
following:
``(1) Chapter 81 of title 5.
``(2) Chapter 171 of title 28 and any other Federal
law relating to tort liability.
``(c) Acceptance of Volunteer Services.--Notwithstanding any
other provision of law, a member of the Committee may serve on
such committee on a voluntary basis without pay.
``(d) Status of Members.--
``(1) In general.--Except as provided in paragraph
(2), with respect to a member of the Committee whom the
Commission appoints to represent an entity or group--
``(A) the member is authorized to represent
the interests of the applicable entity or
group; and
``(B) requirements under Federal law that
would interfere with such representation and
that apply to a special Government employee (as
defined in section 202(a) of title 18),
including requirements relating to employee
conduct, political activities, ethics,
conflicts of interest, and corruption, do not
apply to the member.
``(2) Exception.--Notwithstanding subsection (b), a
member of the Committee shall be treated as a special
Government employee for purposes of the committee
service of the member if the member, without regard to
service on the Committee, is a special Government
employee.
``(e) Service on Committee.--
``(1) Solicitation of nominations.--Before appointing
an individual as a member of the Committee, the
Commission shall publish a timely notice in the Federal
Register soliciting nominations for membership on such
Committee.
``(2) Appointments.--
``(A) In general.--After considering
nominations received pursuant to a notice
published under paragraph (1), the Commission
may appoint a member to the Committee.
``(B) Prohibition.--The Commission shall not
seek, consider, or otherwise use information
concerning the political affiliation of a
nominee in making an appointment to the
Committee.
``(3) Service at pleasure of the commission.--Each
member of the Committee shall serve at the pleasure of
the Commission.
``(4) Security background examinations.--The
Commission may require an individual to have passed an
appropriate security background examination before
appointment to the Committee.
``(5) Prohibition.--A Federal employee may not be
appointed as a member of the Committee.
``(6) Terms.--
``(A) In general.--The term of each member of
the Committee shall expire on December 31 of
the third full year after the effective date of
the appointment.
``(B) Continued service after term.--When the
term of a member of the Committee ends, the
member, for a period not to exceed 1 year, may
continue to serve as a member until a successor
is appointed.
``(7) Vacancies.--A vacancy on the Committee shall be
filled in the same manner as the original appointment.
``(8) Special rule for reappointments.--
Notwithstanding paragraphs (1) and (2), the Commission
may reappoint a member of a committee for any term,
other than the first term of the member, without
soliciting, receiving, or considering nominations for
such appointment.
``(f) Staff Services.--The Commission shall furnish to the
Committee any staff and services considered by the Commission
to be necessary for the conduct of the Committee's functions.
``(g) Chair; Vice Chair.--
``(1) In general.--The Committee shall elect a Chair
and Vice Chair from among the committee's members.
``(2) Vice chairman acting as chairman.--The Vice
Chair shall act as Chair in the absence or incapacity
of, or in the event of a vacancy in the office of, the
Chair.
``(h) Subcommittees and Working Groups.--
``(1) In general.--The Chair of the Committee may
establish and disestablish subcommittees and working
groups for any purpose consistent with the function of
the Committee.
``(2) Participants.--Subject to conditions imposed by
the Chair, members of the Committee may be assigned to
subcommittees and working groups established under
paragraph (1).
``(i) Consultation, Advice, Reports, and Recommendations.--
``(1) Consultation.--Before taking any significant
action, the Commission shall consult with, and consider
the information, advice, and recommendations of, the
Committee if the function of the Committee is to advise
the Commission on matters related to the significant
action.
``(2) Advice, reports, and recommendations.--The
Committee shall submit, in writing, to the Commission
its advice, reports, and recommendations, in a form and
at a frequency determined appropriate by the Committee.
``(3) Explanation of actions taken.--Not later than
60 days after the date on which the Commission receives
recommendations from the Committee under paragraph (2),
the Commission shall--
``(A) publish the recommendations on a public
website; and
``(B) respond, in writing, to the Committee
regarding the recommendations, including by
providing an explanation of actions taken
regarding the recommendations.
``(4) Submission to congress.--The Commission shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate the advice, reports, and recommendations
received from the Committee under paragraph (2).
``(j) Observers.--The Commission may designate a
representative to--
``(1) attend any meeting of the Committee; and
``(2) participate as an observer at such meeting.
``(k) Termination.--The Committee shall terminate on
September 30, 2029.''.
(b) Clerical Amendment.--The analysis for subtitle IV of
title 46, United States Code, is amended by inserting after the
item related to chapter 423 the following:
``425. National Shipper Advisory Committee......................42501''.
____________________________________________________
405. An Amendment To Be Offered by Representative Young of Alaska or
His Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVII, insert the following:
SEC. 17__. TED STEVENS CENTER FOR ARCTIC SECURITY STUDIES.
(a) Plan Required.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Defense, in coordination with the Secretary of State,
shall submit to the congressional defense committees a
plan to establish a Department of Defense Regional
Center for Security Studies for the Arctic.
(2) Elements.--The plan required by paragraph (1)
shall include the following:
(A) A description of the benefits of
establishing such a center, including the
manner in which the establishment of such a
center would benefit United States and
Department interests in the Arctic region.
(B) A description of the mission and purpose
of such a center, including specific policy
guidance from the Office of the Secretary of
Defense.
(C) An analysis of suitable reporting
relationships with the applicable combatant
commands.
(D) An assessment of suitable locations for
such a center that are--
(i) in proximity to other academic
institutions that study security
implications with respect to the Arctic
region;
(ii) in proximity to the designated
lead for Arctic affairs of the United
States Northern Command;
(iii) in proximity to a central hub
of assigned Arctic-focused Armed Forces
so as to suitably advance relevant
professional development of skills
unique to the Arctic region; and
(iv) in a State located outside the
contiguous United States.
(E) A description of the establishment and
operational costs of such a center, including
for--
(i) military construction for
required facilities;
(ii) facility renovation;
(iii) personnel costs for faculty and
staff; and
(iv) other costs the Secretary
considers appropriate.
(F) An evaluation of the existing
infrastructure, resources, and personnel
available at military installations and at
universities and other academic institutions
hat could reduce the costs described in
accordance with subparagraph (E).
(G) An examination of partnership
opportunities with United States allies and
partners for potential collaboration and burden
sharing.
(H) A description of potential courses and
programs that such a center could carry out,
including--
(i) core, specialized, and advanced
courses;
(ii) potential planning workshops;
(iii) seminars;
(iv) confidence-building initiatives;
and
(v) academic research.
(I) A description of any modification to
title 10, United States Code, necessary for the
effective operation of such a center.
(3) Form.--The plan required by paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(b) Establishment.--
(1) In general.--Not earlier than 30 days after the
submittal of the plan required by subsection (a), and
subject to the availability of appropriations, the
Secretary of Defense may establish and administer a
Department of Defense Regional Center for Security
Studies for the Arctic, to be known as the ``Ted
Stevens Center for Arctic Security Studies'', for the
purpose described in section 342(a) of title 10, United
States Code.
(2) Location.--The Ted Stevens Center for Arctic
Security Studies may be located--
(A) in proximity to other academic
institutions that study security implications
with respect to the Arctic region;
(B) in proximity to the designated lead for
Arctic affairs of the United States Northern
Command; and
(C) in proximity to a central hub of assigned
Arctic-focused Armed Forces so as to suitably
advance relevant professional development of
skills unique to the Arctic region.
----------
406. An Amendment To Be Offered by Representative Zeldin of New York or
His Designee, Debatable for 10 Minutes
Page 1102, after line 16, insert the following:
(3) Report by comptroller general.--Not later than 3
years after the date of the enactment of this Act, the
Comptroller General of the United States shall submit
to Congress an unclassified report (which may contain a
classified annex) on the safety and security of United
States personnel and international students assigned to
United States military bases participating in programs
authorized under chapter 5 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347 et seq.)
(relating to international military education and
training), particularly with respect to whether--
(A) relevant United States diplomatic and
consular personnel properly vet foreign
personnel participating in such programs and
entering such bases;
(B) existing screening protocols with respect
to such vetting include counter-terrorism
screening and are sufficiently effective at
ensuring the safety and security of United
States personnel and international students
assigned to such bases; and
(C) whether existing screening protocols with
respect to such vetting are in compliance with
applicable requirements of section 362 of title
10, United States Code, and sections 502B and
620M of the Foreign Assistance Act of 1961 (22
U.S.C. 2304 and 2378d).
(e) Vetting Procedures Review for Department of State
Regional and Country Strategies.--The Secretary of State shall
ensure that any comprehensive regional strategy, such as a
joint regional strategy or its equivalent, and any country
strategy, such as an integrated country strategy or its
equivalent, that is produced by the Department of State during
the 8-year period beginning on the date that is 2 years after
the date of the enactment of this Act, and each successor
strategy to such strategy during such 8-year period, shall
integrate a review of vetting procedures for diplomatic visas
that includes--
(1) an evaluation of the vetting procedures of
diplomatic and consular posts for issuing visas to
diplomats and government officials;
(2) an analysis of the frequency and regularity of
the review of such procedures;
(3) a description of the methods and resources used
to vet applications for diplomatic visas;
(4) a description of the methodologies employed for
ensuring any such diplomatic visas issued for purposes
of security assistance (as such term is defined for
purposes of section 502B of the Foreign Assistance Act
of 1961) are vetted in compliance with applicable
requirements of section 362 of title 10, United States
Code, and sections 502B and 620M of the Foreign
Assistance Act of 1961 (22 U.S.C. 2304 and 2378d); and
(5) a description of the methods and resources used
to conduct recurring reviews of individuals remaining
in the United States for more than one year from the
date of the issuance of a visa, and recurring reviews
of individuals entering the United States on a multi-
entry visa over a period of time longer than one year.
----------
407. An Amendment To Be Offered by Representative Crow of Colorado or
His Designee, Debatable for 10 Minutes
Page 767, line 6, strike ``does not provide'' and insert ``is
not a substitute for a final intra-Afghan agreement that
provides''.
Page 767, line 8, strike ``does not create'' and insert
``creates''.
Page 767, line 9, insert ``international'' after ``prevention
of''.
Page 767, line 10, strike ``does not represent a realistic''
and insert ``represents a durable''.
Page 767, line 14, strike ``timely'' and insert ``regular,
timely,''.
Page 768, line 21, insert ``international'' after ``new''.
Page 769, line 20, strike ``status of'' and insert ``ability
of the Afghan government to uphold''.
Page 770, line 9, insert ``permanent'' before ``takeover''.
Page 770, beginning on line 13, strike ``terrorist
organizations, including each covered terrorist organization''
and insert ``international terrorist organizations that the
intelligence community assess pose a threat to the United
States homeland and United States interests abroad''.
Page 770, line 18, strike ``malign state actors'' and insert
``Afghanistan's neighbors and near neighbors''.
Page 771, line 1, insert ``by the intelligence community''
after ``assessment''.
Page 772, beginning line 13, strike ``from Afghanistan to
Pakistan or Iran, or from Pakistan or Iran to Afghanistan'' and
insert ``to Afghanistan from Pakistan, Iran, or neighboring
countries''.
Page 772, beginning line 22, strike ``as a result of the
February 29, 2020, agreement between the United States and
Taliban'' and insert ``since February 29, 2020''.
Page 776, after line 20, insert the following:
(C) the Director of the Central Intelligence
Agency;