Volume 165, No. 98 covering the 1st Session of the 116th Congress (2019 - 2020) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the Senate section on pages S3371-S3449 on June 12, 2019.
The Department oversees more than 500 million acres of land. Downsizing the Federal Government, a project aimed at lowering taxes and boosting federal efficiency, said the department has contributed to a growing water crisis and holds many lands which could be better managed.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 253. Ms. DUCKWORTH submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title III, add the following:
SEC. 333. LIFE CYCLE SUSTAINMENT BUDGET EXHIBIT FOR MAJOR
WEAPON SYSTEMS OF THE DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense shall update the Financial Management Regulation of the Department of Defense to ensure that a PB-60 or similar life cycle sustainment budget exhibit is prepared for each major weapon system of the Department by the Secretary of the military department concerned.
(b) Elements of Budget Exhibits.--The Secretary of Defense shall ensure that each budget exhibit described in subsection
(a)--
(1) identifies a goal for material availability, material reliability, and mean down time metrics for each weapons system and includes an explanation of factors that may preclude the Secretary of the military department concerned from meeting that goal; and
(2) reflects the period covered by the future-years defense program specified by section 221 of title 10, United States Code, with respect to the budget for which the budget exhibit is prepared.
(c) Inclusion in Budget Submittal.--The Secretary of Defense shall include the budget exhibits required under subsection (a) with the budget request submitted by the President to Congress under section 1105(a) of title 31, United State Code, for fiscal year 2021 and each year thereafter.
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SA 254. Ms. DUCKWORTH (for herself and Ms. Hirono) submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10__. SENSE OF CONGRESS REGARDING THE RECOMMENDATIONS OF
THE SECTION 809 PANEL RELATING TO SMALL
BUSINESSES.
(a) Definitions.--In this section--
(1) the term ``covered recommendations'' means the recommendations made by the section 809 panel to--
(A) eliminate existing mandatory small business set-aside requirements for readily available products and services, with or without customization; and
(B) prioritize the acquisition of commercial products and services described in subparagraph (A) and non-developmental items using a price preference instead of using small business set-aside programs;
(2) the term ``section 809 panel'' means the advisory panel established under section 809 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 889); and
(3) the term ``small business concern'' has the meaning given the term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)).
(b) Sense of Congress.--It is the sense of Congress that--
(1) the section 809 panel--
(A) has made important contributions through the recommendations submitted by the panel; and
(B) serves an important role in recommending improvements to the defense acquisition process;
(2) while well-intentioned, the covered recommendations are contrary to the policy set forth in section 2(a) of the Small Business Act (15 U.S.C. 631(a)), which states that the security and economic well-being of the United States
``cannot be realized unless the actual and potential capacity of small business is encouraged and developed''; and
(3) to the maximum extent possible, the Federal Government should aid, assist, and protect the interests of small business concerns--
(A) in order to--
(i) preserve free enterprise;
(ii) foster increased competition, which reduces the costs incurred by the Department of Defense; and
(iii) maintain and strengthen the overall economy of the United States; and
(B) by ensuring that the Federal Government--
(i) awards a fair proportion of the total number of contracts and subcontracts for property and services purchased by the Federal Government, including contracts and subcontracts for maintenance, repair, and construction, to small business concerns; and
(ii) makes a fair proportion of the total sales of property of the Federal Government to small business concerns.
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SA 255. Ms. DUCKWORTH submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. IMMIGRANT VETERANS ELIGIBILITY TRACKING SYSTEM.
(a) In General.--On the application by an alien for an immigration benefit or the placement of an alien in an immigration enforcement proceeding, the Secretary of Homeland Security shall--
(1) determine whether the alien is serving, or has served, as a member of--
(A) a regular or reserve component of the Armed Forces on active duty; or
(B) a reserve component of the Armed Forces in an active status; and
(2) with respect to the immigration and naturalization records of the Department of Homeland Security relating to an alien who is serving, or has served, as a member of the Armed Forces described in paragraph (1), annotate such records--
(A) to reflect that membership; and
(B) to afford an opportunity to track the outcomes for each such alien.
(b) Consideration of Military Service for Expedited Processing.--In determining whether to expedite the processing of an application of an individual for an immigration benefit under the Immigration and Nationality Act
(8 U.S.C. 1101 et seq.), including naturalization, the Secretary of Homeland Security shall consider the service of the individual as a member of--
(1) a regular or reserve component of the Armed Forces on active duty; or
(2) a reserve component of the Armed Forces in an active status.
(c) Prohibition on Use of Information for Removal.--Information gathered under subsection (a) may not be used for the purpose of removing an alien from the United States.
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SA 256. Ms. DUCKWORTH submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1045. MODERNIZATION OF CERTAIN FORMS AND SURVEYS.
(a) Study.--The Secretary of Defense shall conduct a study to identify each form and survey of the Department of Defense, in use on the date of the enactment of this Act, that contains a term or classification that the Secretary determines may be considered racially or ethnically insensitive.
(b) Reports.--
(1) Interim reports.--On the date that is 90 days after the date of the enactment of this Act, and on the date that is 180 days after such date of enactment, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the status of the study conducted under subsection (a).
(2) Final report.--Not later than one year 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 report on the results of the study conducted under subsection (a) that includes--
(A) a list of each form and survey identified under such study; and
(B) a plan for modernizing the terms and classifications contained in such forms and surveys, including legislative recommendations.
(c) Modernization Required.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall carry out the plan included in the report submitted under subsection (b).
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SA 257. Ms. DUCKWORTH submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10__. MICROLOAN PROGRAM.
Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended--
(1) in paragraph (7)--
(A) by striking ``microloans.--'' and all that follows through ``participants.--Under'' and inserting
``microloans.--Under''; and
(B) by striking subparagraph (B); and
(2) in paragraph (8)--
(A) by striking ``In approving'' and inserting the following:
``(A) In general.--In approving''; and
(B) by adding at the end the following:
``(B) Annual report.--The Administrator shall, on an annual basis, submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, and make publicly available on the website of the Administration, a report on how the Administration has met the requirements of subparagraph (A).''.
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SA 258. Ms. DUCKWORTH submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VI, add the following:
SEC. 602. BASIC NEEDS ALLOWANCE FOR LOW-INCOME MEMBERS OF THE
ARMED FORCES AND THEIR FAMILIES.
(a) In General.--Chapter 7 of title 37, United States Code, is amended by inserting after section 402a the following new section:
``Sec. 402b. Basic needs allowance for low-income members
``(a) Allowance Required.--The Secretary concerned shall pay to each member of the armed forces described in subsection (b), whether with or without dependents, a monthly basic needs allowance in the amount determined for such member under subsection (c).
``(b) Members Entitled to Allowance.--
``(1) In general.--A member of the armed forces is entitled to receive the allowance described in subsection (a) for a year if--
``(A) the gross household income of the member during the year preceding such year did not exceed an amount equal to 200 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location and number of persons in the member's household for such year; and
``(B) the member does not elect under subsection (e) not to receive the allowance for such year.
``(2) Exclusion of bah from gross household income.--In determining the gross household income of a member for a year for purposes of paragraph (1)(A) there shall be excluded any basic allowance for housing (BAH) received by the member (and any dependents of the member in the member's household) during such year under section 403 of this title.
``(3) Household with more than one eligible member.--In the event a household contains two or more members entitled to receive the allowance under subsection (a) for a year, only one allowance shall be paid under that subsection for such year to such member among such members as such members shall jointly elect.
``(c) Amount of Allowance; Months Constituting Year of Payment.--
``(1) Amount.--The amount of the monthly allowance payable to a member under subsection (a) for a year shall be--
``(A) the aggregate amount equal to--
``(i) 200 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location and number of persons in the member's household for such year; minus
``(ii) the gross household income of the member during the preceding year; divided by
``(B) 12.
``(2) Months constituting year of payment.--The monthly allowance payable to a member for a year shall be payable for each of the 12 months following March of such year.
``(d) Notice of Eligibility.--
``(1) Preliminary notice of eligibility.--Not later than December 31 each year, the Director of the Defense Finance and Accounting Service shall notify, in writing, each member of the armed forces whose aggregate amount of basic pay and compensation for service in the armed forces during such year is estimated to not exceed the amount equal to 200 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location and number of persons in the member's household for such year of the member's potential entitlement to the allowance described in subsection for the following year.
``(2) Information to determine entitlement.--Not later than January 31 each year, each member seeking to receive the allowance for such year (whether or not subject to a notice for such year under paragraph (1)) shall submit to the Director such information as the Director shall require for purposes of this section in order to determine whether or not such member is entitled to receive the allowance for such year.
``(3) Notice of entitlement.--Not later than February 28 each year, the Director shall notify, in writing, each member determined by the Director to be entitled to receive the allowance for such year.
``(e) Election Not to Receive Allowance.--
``(1) In general.--A member otherwise entitled to receive the allowance described in subsection (a) for a year may elect, in writing, not to receive the allowance for such year. Any election under this subsection shall be effective only for the year for which made. Any election for a year under this subsection is irrevocable.
``(2) Deemed election.--A member who does not submit information described in subsection (d)(2) for a year as otherwise required by that subsection shall be deemed to have elected not to receive the allowance for such year.
``(f) Regulations.--The Secretary of Defense shall prescribe regulations for the administration of this section. Such regulations shall specify the income to be included in, and excluded from, the gross household income of members for purposes of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 402a the following new item:
``402b. Basic needs allowance for low-income members.''.
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SA 259. Ms. DUCKWORTH submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VIII, insert the following:
SEC. __. DOCUMENTATION OF MARKET RESEARCH RELATED TO
COMMERCIAL ITEM DETERMINATIONS.
(a) In General.--Section 2377(c) of title 10, United States Code, is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new paragraph:
``(4) The head of an agency shall document the results of market research in a manner appropriate to the size and complexity of the acquisition.''.
(b) Conforming Amendment Related to Prospective Amendment.--Section 836(d)(3)(C)(ii) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232) is amended by striking ``in paragraph
(4)'' and inserting ``in paragraph (5)''.
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SA 260. Ms. DUCKWORTH submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VIII, insert the following:
SEC. __. MUNITIONS SUSTAINMENT PILOT PROGRAM.
(a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall establish a pilot program at the Joint Munitions Command for the sustainment of munitions, focusing on the overall life-cycle management of a munitions program from Milestone C approval (as that term is defined in section 2366(e) of title 10, United States Code) through demilitarization of the munitions.
(b) Scope.--The pilot program established under subsection
(a) shall--
(1) address the Department of Defense recommendations in the interagency report entitled, ``Assessing and Strengthening the Manufacturing and Defense Industrial Base and Supply Chain Resiliency of the United States'' related to diversifying sources of supply and modernizing the organic industrial base;
(2) demonstrate any cost savings and operational efficiencies that could be gained by centralizing the sustainment of munitions; and
(3) begin developing an automated process that will help determine the critical levels of requirements for munitions and the required sources necessary to fulfill them.
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SA 261. Ms. DUCKWORTH submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of part I of subtitle F of title V, add the following:
SEC. 574. EXPANSION OF THE DEFENSE DEPENDENTS' EDUCATION
SYSTEM.
(a) Defense Dependents' Education System.--Paragraph (4) of section 1414(4) of the Defense Dependents' Education Act of 1978 (20 U.S.C. 932) is amended to read as follows:
``(4) The term `United States', when used in a geographic sense, means the several States and the District of Columbia.''.
(b) Teacher Pay and Practices.--Paragraph (4) of section 2 of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901) is amended to read as follows:
``(4) The term `United States', when used in a geographic sense, means the several States and the District of Columbia.''.
(c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply to academic years of the defense dependents' education system that begin on or after that date.
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SA 262. Mr. SCHATZ (for himself, Mr. Gardner, Mr. Sullivan, and Ms. Harris) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of the Agency;
(2) the term ``Agency'' means the Federal Emergency Management Agency;
(3) the term ``public alert and warning system'' means the integrated public alert and warning system of the United States described in section 526 of the Homeland Security Act of 2002 (6 U.S.C. 321o);
(4) the term ``Secretary'' means the Secretary of Homeland Security; and
(5) the term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.
(b) Integrated Public Alert and Warning System.--
(1) In general.--Not later than 1 year after the date of enactment of this Act, the Administrator shall develop minimum requirements for State, Tribal, and local governments to participate in the public alert and warning system and that are necessary to maintain the integrity of the public alert and warning system, including--
(A) guidance on the categories of public emergencies and appropriate circ*mstances that warrant an alert and warning from State, Tribal, and local governments using the public alert and warning system;
(B) the procedures for State, Tribal, and local government officials to authenticate civil emergencies and initiate, modify, and cancel alerts transmitted through the public alert and warning system, including protocols and technology capabilities for--
(i) the initiation, or prohibition on the initiation, of alerts by a single authorized or unauthorized individual;
(ii) testing a State, Tribal, or local government incident management and warning tool without accidentally initiating an alert through the public alert and warning system; and
(iii) steps a State, Tribal, or local government official should take to mitigate the possibility of the issuance of a false alert through the public alert and warning system;
(C) the standardization, functionality, and interoperability of incident management and warning tools used by State, Tribal, and local governments to notify the public of an emergency through the public alert and warning system;
(D) the annual training and recertification of emergency management personnel on requirements for originating and transmitting an alert through the public alert and warning system;
(E) the procedures, protocols, and guidance concerning the protective action plans that State, Tribal, and local governments shall issue to the public following an alert issued under the public alert and warning system;
(F) the procedures, protocols, and guidance concerning the communications that State, Tribal, and local governments shall issue to the public following a false alert issued under the public alert and warning system;
(G) a plan by which State, Tribal, and local government officials may, during an emergency, contact each other as well as Federal officials and participants in the Emergency Alert System and the Wireless Emergency Alert System, when appropriate and necessary, by telephone, text message, or other means of communication regarding an alert that has been distributed to the public; and
(H) any other procedure the Administrator considers appropriate for maintaining the integrity of and providing for public confidence in the public alert and warning system.
(2) Coordination with national advisory council report.--The Administrator shall ensure that the minimum requirements developed under paragraph (1) do not conflict with recommendations made for improving the public alert and warning system provided in the report submitted by the National Advisory Council under section 2(b)(7)(B) of the Integrated Public Alert and Warning System Modernization Act of 2015 (Public Law 114-143; 130 Stat. 332).
(3) Public consultation.--In developing the minimum requirements under paragraph (1), the Administrator shall ensure appropriate public consultation and, to the extent practicable, coordinate the development of the requirements with stakeholders of the public alert and warning system, including--
(A) appropriate personnel from Federal agencies, including the National Institute of Standards and Technology, the Agency, and the Federal Communications Commission;
(B) representatives of State and local governments and emergency services personnel, who shall be selected from among individuals nominated by national organizations representing those governments and personnel;
(C) representatives of Federally recognized Indian tribes and national Indian organizations;
(D) communications service providers;
(E) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of communications services;
(F) third-party service bureaus;
(G) the national organization representing the licensees and permittees of noncommercial broadcast television stations;
(H) technical experts from the broadcasting industry;
(I) educators from the Emergency Management Institute; and
(J) other individuals with technical expertise as the Administrator determines appropriate.
(4) Inapplicability of faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the public consultation with stakeholders under paragraph (3).
(c) Incident Management and Warning Tool Validation.--
(1) In general.--The Administrator shall establish a process to ensure that an incident management and warning tool used by a State, Tribal, or local government to originate and transmit an alert through the public alert and warning system meets the requirements developed by the Administrator under subsection (b)(1).
(2) Requirements.--The process required to be established under paragraph (1) shall include--
(A) the ability to test an incident management and warning tool in the public alert and warning system lab;
(B) the ability to certify that an incident management and warning tool complies with the applicable cyber frameworks of the Department of Homeland Security and the National Institute of Standards and Technology;
(C) a process to certify developers of emergency management software; and
(D) requiring developers to provide the Administrator with a copy of and rights of use for ongoing testing of each version of incident management and warning tool software before the software is first used by a State, Tribal, or local government.
(d) Review and Update of Memoranda of Understanding.--
(1) In general.--The Administrator shall review the memoranda of understanding between the Agency and State, Tribal, and local governments with respect to the public alert and warning system to ensure that all agreements ensure compliance with the requirements developed by the Administrator under subsection (b)(1).
(e) Future Memoranda.--The Administrator shall ensure that any new memorandum of understanding entered into between the Agency and a State, Tribal, or local government on or after the date of enactment of this Act with respect to the public alert and warning system ensures that the agreement requires compliance with the requirements developed by the Administrator under subsection (b)(1).
(f) Missile Alert and Warning Authorities.--
(1) In general.--
(A) Authority.--On and after the date that is 120 days after the date of enactment of this Act, the authority to originate an alert warning the public of a missile launch directed against a State using the public alert and warning system shall reside primarily with the Federal Government.
(B) Delegation of authority.--The Secretary may delegate the authority described in subparagraph (A) to a State, Tribal, or local entity if, not later than 180 days after the date of enactment of this Act, the Secretary submits 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--
(i) it is not feasible for the Federal Government to alert the public of a missile threat against a State; or
(ii) it is not in the national security interest of the United States for the Federal Government to alert the public of a missile threat against a State.
(C) Activation of system.--Upon verification of a missile threat, the President, utilizing established authorities, protocols and procedures, may activate the public alert and warning system.
(D) Rule of construction.--Nothing in this paragraph shall be construed to change the command and control relationship between entities of the Federal Government with respect to the identification, dissemination, notification, or alerting of information of missile threats against the United States that was in effect on the day before the date of enactment of this Act.
(2) Required processes.--The Secretary, acting through the Administrator, shall establish a process to promptly notify a State warning point, and any State entities that the Administrator determines appropriate, following the issuance of an alert described in paragraph (1)(A) so the State may take appropriate action to protect the health, safety, and welfare of the residents of the State.
(3) Guidance.--The Secretary, acting through the Administrator, shall work with the Governor of a State warning point to develop and implement appropriate protective action plans to respond to an alert described in paragraph
(1)(A) for that State.
(4) Study and report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall--
(A) examine the feasibility of establishing an alert designation under the public alert and warning system that would be used to alert and warn the public of a missile threat while concurrently alerting a State warning point so that a State may activate related protective action plans; and
(B) submit a report of the findings under subparagraph (A), including of the costs and timeline for taking action to implement an alert designation described in subparagraph (A), to--
(i) the Subcommittee on Homeland Security of the Committee on Appropriations of the Senate;
(ii) the Committee on Homeland Security and Governmental Affairs of the Senate;
(iii) the Subcommittee on Homeland Security of the Committee on Appropriations of the House of Representatives; and
(iv) the Committee on Homeland Security of the House of Representatives.
(g) Use of Integrated Public Alert and Warning System Lab.--Not later than 1 year after the date of enactment of this Act, the Administrator shall--
(1) develop a program to increase the utilization of the public alert and warning system lab of the Agency by State, Tribal, and local governments to test incident management and warning tools and train emergency management professionals on alert origination protocols and procedures; and
(2) 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 describing--
(A) the impact on utilization of the public alert and warning system lab by State, Tribal, and local governments resulting from the program developed under paragraph (1); and
(B) any further recommendations that the Administrator would make for additional statutory or appropriations authority necessary to increase the utilization of the public alert and warning system lab by State, Tribal, and local governments.
(h) Awareness of Alerts and Warnings.--Not later than 1 year after the date of enactment of this Act, the Administrator shall--
(1) conduct a review of the National Watch Center and each Regional Watch Center of the Agency; and
(2) 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 on the review conducted under paragraph (1), which shall include--
(A) an assessment of the technical capability of the National and Regional Watch Centers described in paragraph
(1) to be notified of alerts and warnings issued by a State through the public alert and warning system;
(B) a determination of which State alerts and warnings the National and Regional Watch Centers described in paragraph
(1) should be aware of; and
(C) recommendations for improving the ability of the National and Regional Watch Centers described in paragraph
(1) to receive any State alerts and warnings that the Administrator determines are appropriate.
(i) Timeline for Compliance.--Each State shall be given a reasonable amount of time to comply with any new rules, regulations, or requirements imposed under this section.
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SA 263. Mr. SCHATZ (for himself and Ms. Murkowski) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ____. INITIATIVE TO IMPROVE THE CAPACITY OF MILITARY
CRIMINAL INVESTIGATIVE ORGANIZATIONS TO PREVENT
CHILD SEXUAL EXPLOITATION.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish an initiative on improving the capacity of military criminal investigative organizations to prevent child sexual exploitation. Under the initiative, the Secretary shall work with an external partner to train military criminal investigative organization officials at Department of Defense installations from all military departments regarding--
(1) online investigative technology, tools, and techniques;
(2) computer forensics;
(3) complex evidentiary issues;
(4) child victim identification;
(5) child victim referral for comprehensive investigation and treatment services; and
(6) related instruction.
(b) Partnerships and Agreements.--Under the initiative, the Secretary shall develop partnerships and establish collaborative agreements with the following:
(1) The Department of Justice, Office of the Attorney General, in better coordinating the investigative jurisdictions and law enforcement authorities of the military criminal investigative organizations, and in improving the justice community's understanding of those law enforcement authorities to enforce Federal criminal statutes.
(2) Federal criminal investigative organizations responsible for enforcement of Federal criminal statutes related to combatting child sexual exploitation, in order to ensure a streamlined process for transferring criminal investigations into child exploitation to other jurisdictions, while maintaining the integrity of the evidence already collected.
(3) A highly qualified national child protection organization or law enforcement training center with demonstrated expertise in the delivery of law enforcement training--
(A) to detect, identify, investigate, and prosecute individuals engaged in the trading or production of child p*rnography and the online solicitation of children; and
(B) to train military criminal investigative organization officials at Department of Defense installations from all military departments.
(4) A highly qualified national child protection organization with demonstrated expertise in the development and delivery of multidisciplinary intervention training including evidence-based forensic interviewing, victim advocacy, trauma-informed mental health services, medical services, and multidisciplinary coordination between the Department of Defense and civilian experts to improve outcomes for victims of child sexual exploitation.
(5) Children's Advocacy Centers located in the same communities as military installations that coordinate the multidisciplinary team response and child-friendly approach to identifying, investigating, prosecuting, and intervening in child sexual exploitation cases that can partner with military installations on law enforcement, child protection, prosecution, mental health, medical, and victim advocacy to investigate sexual exploitation, help children heal from sexual exploitation, and hold offenders accountable.
(6) State and local authorities to address law enforcement capacity in communities where military installations are located, and to prevent lapses in jurisdiction that would undercut the Department's efforts to prevent child sexual exploitation.
(7) The National Association to Protect Children and the United States Special Operations Command Care Coalition to replicate successful outcomes of the Human Exploitation Rescue Operative (HERO) Child Rescue Corps, as established by section 890A of the Homeland Security Act of 2002 (6 U.S.C. 473), within military criminal investigative organizations and other Department components to combat child sexual exploitation.
(c) Locations.--
(1) In general.--The Secretary shall carry out the initiative--
(A) in at least two States where there is a high density of Department network users in comparison to the overall population of the States;
(B) in at least two States where there is a high population of Department network users;
(C) in at least two States where there is a large percentage of Indian children, including children who are Alaska Native or Native Hawaiian;
(D) in at least one State with a population with fewer than 2,000,000 people;
(E) in at least one State with a population with fewer than 5,000,000 people, but not fewer than 2,000,000 people;
(F) in at least one State with a population with fewer than 10,000,000 people, but not fewer than 5,000,000; and
(G) in at least one State with a population with 10,000,000 or more people.
(2) Geographic distribution.--The Secretary shall ensure that the locations at which the initiative is carried out are distributed across different regions.
(d) Additional Requirements.--In carrying out the initiative, the Secretary shall--
(1) participate in multi-jurisdictional task forces;
(2) establish cooperative agreements to facilitate co-training and collaboration with Federal, State, and local law enforcement; and
(3) develop a streamlined process to refer child sexual abuse cases to other jurisdictions.
______
SA 264. Mrs. SHAHEEN (for herself and Mr. Rounds) submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VII, insert the following:
SEC. __. REGISTRY OF INDIVIDUALS EXPOSED TO PERFLUOROALKYL
AND POLYFLUOROALKYL SUBSTANCES ON MILITARY
INSTALLATIONS.
(a) Establishment of Registry.--
(1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall--
(A) establish and maintain a registry for eligible individuals who may have been exposed to perfluoroalkyl and polyfluoroalkyl substances (in this section referred to as
``PFAS'') due to the environmental release of aqueous film-forming foam (in this section referred to as ``AFFF'') on military installations to meet the requirements of military specification MIL-F-24385F;
(B) include any information in such registry that the Secretary of Veterans Affairs determines necessary to ascertain and monitor the health effects of the exposure of members of the Armed Forces to PFAS associated with AFFF;
(C) develop a public information campaign to inform eligible individuals about the registry, including how to register and the benefits of registering; and
(D) periodically notify eligible individuals of significant developments in the study and treatment of conditions associated with exposure to PFAS.
(2) Coordination.--The Secretary of Veterans Affairs shall coordinate with the Secretary of Defense in carrying out paragraph (1).
(b) Reports.--
(1) Initial report.--Not later than two years after the date on which the registry under subsection (a) is established, the Secretary of Veterans Affairs shall submit to Congress an initial report containing the following:
(A) An assessment of the effectiveness of actions taken by the Secretary of Veterans Affairs and the Secretary of Defense to collect and maintain information on the health effects of exposure to PFAS.
(B) Recommendations to improve the collection and maintenance of such information.
(C) Using established and previously published epidemiological studies, recommendations regarding the most effective and prudent means of addressing the medical needs of eligible individuals with respect to exposure to PFAS.
(2) Follow-up report.--Not later than five years after submitting the initial report under paragraph (1), the Secretary of Veterans Affairs shall submit to Congress a follow-up report containing the following:
(A) An update to the initial report submitted under paragraph (1).
(B) An assessment of whether and to what degree the content of the registry established under subsection (a) is current and scientifically up-to-date.
(3) Independent scientific organization.--The Secretary of Veterans Affairs shall enter into an agreement with an independent scientific organization to prepare the reports under paragraphs (1) and (2).
(c) Recommendations for Additional Exposures to Be Included.--Not later than five years after the date of the enactment of this Act, and every five years thereafter, the Secretary of Veterans Affairs, in consultation with the Secretary of Defense and the Administrator of the Environmental Protection Agency, shall submit to Congress recommendations for additional chemicals with respect to which individuals exposed to such chemicals should be included in the registry established under subsection (a).
(d) Eligible Individual Defined.--In this section, the term
``eligible individual'' means any individual who, on or after a date specified by the Secretary of Veterans Affairs through regulations, served or is serving in the Armed Forces at a military installation where AFFF was used or at another location of the Department of Defense where AFFF was used.
______
SA 265. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VIII, insert the following:
SEC. ___. ENHANCED SMALL BUSINESS ACCESS TO FEDERAL
INNOVATION INVESTMENTS.
(a) SBIR.--Section 9(f) of the Small Business Act (15 U.S.C. 638(f)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``expend'' and inserting ``obligate for expenditure'';
(2) in subparagraph (H), by striking ``and'' at the end;
(3) in subparagraph (I), by striking ``and each fiscal year thereafter,'' and inserting ``; and''; and
(4) by inserting after subparagraph (I) the following:
``(J) for the Department of Defense--
``(i) not less than 3.5 percent of the budget for research, development, test, and evaluation of the Department of Defense in each of fiscal years 2020 and 2021;
``(ii) not less than 4 percent of such budget in each of fiscal years 2022 and 2023;
``(iii) not less than 4.5 percent of such budget in each of fiscal years 2024 and 2025; and
``(iv) not less than 5 percent of such budget in each of fiscal years 2026 and 2027,''.
(b) STTR.--Section 9(n)(1) of the Small Business Act (15 U.S.C. 638(n)(1)) is amended--
(1) in subparagraph (A)--
(A) by striking ``expend'' and inserting ``obligate for expenditure''; and
(B) by striking ``not less than the percentage of that extramural budget specified in subparagraph (B)'' and inserting ``for a Federal agency other than the Department of Defense, not less than the percentage of that extramural budget specified in subparagraph (B) and, for the Department of Defense, not less than the percentage of the budget for research, development, test, and evaluation of the Department of Defense specified in subparagraph (B)''; and
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by striking ``the extramural budget required to be expended by an agency'' and inserting ``the extramural budget, for a Federal agency other than the Department of Defense, and of the budget for research, development, test, and evaluation, for the Department of Defense, required to be obligated for expenditure with small business concerns'';
(B) in clause (iv), by striking ``and'' at the end;
(C) in clause (v), by striking ``fiscal year 2016 and each fiscal year thereafter.'' and inserting ``each of fiscal years 2016, 2017, 2018, and 2019;''; and
(D) by adding at the end the following:
``(vi) 0.55 percent for each of fiscal years 2020 and 2021;
``(vii) 0.65 percent for each of fiscal years 2022 and 2023;
``(viii) 0.75 percent for each of fiscal years 2024 and 2025; and
``(ix) 1 percent for fiscal year 2026 and each fiscal year thereafter.''.
______
SA 266. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VIII, insert the following:
SEC. ___. PERMANENT SBIR AND STTR AUTHORITY FOR THE
DEPARTMENT OF DEFENSE.
Section 9 of the Small Business Act (15 U.S.C. 638) is amended--
(1) in subsection (m), by inserting ``, except with respect to the Department of Defense'' after ``September 30, 2022''; and
(2) in subsection (n)(1)(A)--
(A) by inserting ``(or, with respect to the Department of Defense, any fiscal year)'' after ``2022''; and
(B) by inserting ``(or, with respect to the Department of Defense, for any fiscal year)'' after ``for that fiscal year''.
______
SA 267. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the following:
SEC. 12__. EFFORTS TO ENSURE MEANINGFUL PARTICIPATION OF
AFGHAN WOMEN IN PEACE NEGOTIATIONS IN
AFGHANISTAN.
(a) In General.--The Secretary of State, in coordination with the Secretary of Defense, shall carry out activities to ensure the meaningful participation of Afghan women in the ongoing peace process in Afghanistan in a manner consistent with the Women, Peace, and Security Act of 2017 (22 U.S.C. 2151 note; Public Law 115-68), which shall include--
(1) United States Government advocacy for the inclusion of Afghan women leaders in ongoing and future negotiations to end the conflict in Afghanistan; and
(2) efforts to ensure that any agreement reached with the Taliban preserves constitutional protections on women's and girls' human rights and ensures their freedom of movement, rights to education and work, political participation, and access to healthcare and justice.
(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate committees of Congress a report describing the steps taken to fulfill the duties of the Secretary of State and the Secretary of Defense under subsection (a).
(c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
______
SA 268. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VII, add the following:
SEC. 729. SENSE OF CONGRESS ON HEALTH CONCERNS RELATING TO
EXPOSURE TO KNOWN CHEMICAL CARCINOGENS.
It is the sense of Congress that the Secretary of the Air Force, as part of ongoing efforts to address the cancer and other health concerns raised by members of the Air Force and former members of the Air Force who reported being exposed to known chemical carcinogens while serving at a military installation, should work with Federal and State environmental and health agencies to identify whether higher than expected rates of morbidity and mortality are determined for those members and former members.
______
SA 269. Mr. JONES (for himself, Ms. Collins, Mr. Crapo, Mr. Tester, and Mr. Risch) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VI, add the following:
SEC. 633. REPEAL OF REQUIREMENT OF REDUCTION OF SURVIVOR
BENEFIT PLAN SURVIVOR ANNUITIES BY DEPENDENCY
AND INDEMNITY COMPENSATION.
(a) Repeal.--
(1) In general.--Subchapter II of chapter 73 of title 10, United States Code, is amended as follows:
(A) In section 1450, by striking subsection (c).
(B) In section 1451(c)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(2) Conforming amendments.--Such subchapter is further amended as follows:
(A) In section 1450--
(i) by striking subsection (e);
(ii) by striking subsection (k); and
(iii) by striking subsection (m).
(B) In section 1451(g)(1), by striking subparagraph (C).
(C) In section 1452--
(i) in subsection (f)(2), by striking ``does not apply--'' and all that follows and inserting ``does not apply in the case of a deduction made through administrative error.''; and
(ii) by striking subsection (g).
(D) In section 1455(c), by striking ``, 1450(k)(2),''.
(b) Prohibition on Retroactive Benefits.--No benefits may be paid to any person for any period before the effective date provided under subsection (f) by reason of the amendments made by subsection (a).
(c) Prohibition on Recoupment of Certain Amounts Previously Refunded to SBP Recipients.--A surviving spouse who is or has been in receipt of an annuity under the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, that is in effect before the effective date provided under subsection (f) and that is adjusted by reason of the amendments made by subsection (a) and who has received a refund of retired pay under section 1450(e) of title 10, United States Code, shall not be required to repay such refund to the United States.
(d) Repeal of Authority for Optional Annuity for Dependent Children.--Section 1448(d) of such title is amended--
(1) in paragraph (1), by striking ``Except as provided in paragraph (2)(B), the Secretary concerned'' and inserting
``The Secretary concerned''; and
(2) in paragraph (2)--
(A) by striking ``Dependent children.--'' and all that follows through ``In the case of a member described in paragraph (1),'' and inserting ``Dependent children annuity when no eligible surviving spouse.--In the case of a member described in paragraph (1)''; and
(B) by striking subparagraph (B).
(e) Restoration of Eligibility for Previously Eligible Spouses.--The Secretary of the military department concerned shall restore annuity eligibility to any eligible surviving spouse who, in consultation with the Secretary, previously elected to transfer payment of such annuity to a surviving child or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, as in effect on the day before the effective date provided under subsection (f). Such eligibility shall be restored whether or not payment to such child or children subsequently was terminated due to loss of dependent status or death. For the purposes of this subsection, an eligible spouse includes a spouse who was previously eligible for payment of such annuity and is not remarried, or remarried after having attained age 55, or whose second or subsequent marriage has been terminated by death, divorce or annulment.
(f) Effective Date.--This section and the amendments made by this section shall take effect on the later of--
(1) the first day of the first month that begins after the date of the enactment of this Act; or
(2) the first day of the fiscal year that begins in the calendar year in which this Act is enacted.
______
SA 270. Mr. TESTER (for himself and Mr. Moran) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VII, add the following:
SEC. ____. READJUSTMENT COUNSELING AND RELATED SERVICES FROM
THE DEPARTMENT OF VETERANS AFFAIRS FOR MEMBERS
OF THE RESERVE COMPONENTS OF THE ARMED FORCES
DURING WEEKEND DRILL.
(a) In General.--The Secretary of Veterans Affairs shall, through the Readjustment Counseling Service of the Department of Veterans Affairs, provide readjustment counseling and related services at Vet Centers (including mobile Vet Centers) and through the use of clinical outreach staff of the Department to members of the reserve components of the Armed Forces during weekend drill.
(b) Eligibility for Services.--A member of a reserve component of the Armed Forces is eligible for services under subsection (a) regardless of whether the member is eligible for any other care or services under the laws administered by the Secretary of Veterans Affairs.
(c) Definitions.--In this section:
(1) Vet center.--The term ``Vet Center'' means a center for readjustment counseling and related mental health services for veterans under section 1712A of title 38, United States Code.
(2) Weekend drill.--The term ``weekend drill'' means drill or a period of equivalent instruction required of members of the reserve components of the Armed Forces, including drill and instruction required of members of the National Guard under section 502(a)(1) of title 32, United States Code.
______
SA 271. Mr. TESTER (for himself and Mr. Moran) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VII, insert the following:
Subtitle __--Mental Health Care From Department of Defense and
Department of Veterans Affairs
SEC. ___. ESTABLISHMENT BY DEPARTMENT OF VETERANS AFFAIRS AND
DEPARTMENT OF DEFENSE OF CLINICAL PRACTICE
GUIDELINES FOR COMORBID MENTAL HEALTH
CONDITIONS.
(a) In General.--Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretary of Defense and the Secretary of Health and Human Services, shall complete the development of clinical practice guidelines for the treatment of post-traumatic stress disorder, military sexual trauma, and traumatic brain injury that is comorbid with substance use disorder or chronic pain.
(b) Work Group.--
(1) Establishment.--In carrying out subsection (a), the Secretary of Veterans Affairs, the Secretary of Defense, and the Secretary of Health and Human Services shall create a Trauma and Comorbid Substance Use Disorder or Chronic Pain Work Group (in this section referred to as the ``Work Group'').
(2) Membership.--The Work Group shall be comprised of individuals that represent Federal Government entities and non-Federal Government entities with expertise in the areas covered by the Work Group, including the following:
(A) Academic institutions that specialize in research for the treatment of conditions described in subsection (a).
(B) The National Center for Posttraumatic Stress Disorder of the Department of Veterans Affairs.
(C) The Office of the Assistant Secretary for Mental Health and Substance Use of the Department of Health and Human Services.
(3) Relation to other work groups.--The Work Group shall be created and conducted in the same manner as other work groups for the development of clinical practice guidelines for the Department of Veterans Affairs and the Department of Defense.
(c) Matters Included.--In developing the clinical practice guidelines under subsection (a), the Work Group, in consultation with the Post Traumatic Stress Disorder Work Group, Concussion-mTBI Work Group, Opioid Therapy for Chronic Pain Work Group, and Substance Use Work Group, shall ensure that the clinical practice guidelines include the following:
(1) Guidance with respect to the following:
(A) The treatment of patients with post-traumatic stress disorder who are also experiencing a substance use disorder or chronic pain.
(B) The treatment of patients experiencing a mental health condition, including anxiety, depression, or post-traumatic stress disorder as a result of military sexual trauma who are also experiencing a substance use disorder or chronic pain.
(C) The treatment of patients with traumatic brain injury who are also experiencing a substance use disorder or chronic pain.
(2) Guidance with respect to the following:
(A) Appropriate case management for patients experiencing post-traumatic stress disorder that is comorbid with substance use disorder or chronic pain who transition from receiving care while on active duty in the Armed Forces to care from health care networks outside of the Department of Defense.
(B) Appropriate case management for patients experiencing a mental health condition, including anxiety, depression, or post-traumatic stress disorder as a result of military sexual trauma that is comorbid with substance use disorder or chronic pain who transition from receiving care while on active duty in the Armed Forces to care from health care networks outside of the Department of Defense.
(C) Appropriate case management for patients experiencing traumatic brain injury that is comorbid with substance use disorder or chronic pain who transition from receiving care while on active duty in the Armed Forces to care from health care networks outside of the Department of Defense.
(3) Guidance with respect to the treatment of patients who are still members of the Armed Forces and are experiencing a mental health condition, including anxiety, depression, or post-traumatic stress disorder as a result of military sexual trauma that is comorbid with substance use disorder or chronic pain.
(4) Guidance with respect to the assessment by the National Academies of Sciences, Engineering, and Medicine of the potential overmedication of veterans, as required pursuant to the Senate report accompanying S. 1557, 115th Congress
(Senate Report 115-130), under the heading ``Overprescription Prevention Report'' under the heading ``committee recommendation''.
(d) Rule of Construction.--Nothing in this section shall be construed to prevent the Secretary of Veterans Affairs and the Secretary of Defense from considering all relevant evidence, as appropriate, in creating the clinical practice guidelines required under subsection (a) or from ensuring that the final clinical practice guidelines developed under such subsection and subsequently updated, as appropriate, remain applicable to the patient populations of the Department of Veterans Affairs and the Department of Defense.
SEC. ___. UPDATE OF CLINICAL PRACTICE GUIDELINES FOR
ASSESSMENT AND MANAGEMENT OF PATIENTS AT RISK
FOR SUICIDE.
(a) In General.--Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense, through the Assessment and Management of Patients at Risk for Suicide Work Group (in this section referred to as the ``Work Group''), shall issue an update to the VA/DOD Clinical Practice Guideline for Assessment and Management of Patients at Risk for Suicide.
(b) Matters Included.--In carrying out the update under subsection (a), the Work Group shall ensure that the clinical practice guidelines updated under such subsection includes the following:
(1) Enhanced guidance with respect to the following:
(A) Gender-specific risk factors for suicide and suicidal ideation.
(B) Gender-specific treatment efficacy for depression and suicide prevention.
(C) Gender-specific pharmacotherapy efficacy.
(D) Gender-specific psychotherapy efficacy.
(2) Guidance with respect to the following:
(A) The efficacy of alternative therapies, other than psychotherapy and pharmacotherapy, including the following:
(i) Yoga therapy.
(ii) Meditation therapy.
(iii) Equine therapy.
(iv) Other animal therapy.
(v) Training and caring for service dogs.
(vi) Agri-therapy.
(vii) Art therapy.
(viii) Outdoor sports therapy.
(ix) Music therapy.
(x) Any other alternative therapy that the Work Group considers appropriate.
(3) Guidance with respect to the findings of the Creating Options for Veterans' Expedited Recovery Commission (commonly referred to as the ``COVER Commission'') established under section 931 of the Jason Simcakoski Memorial and Promise Act
(title IX of Public Law 114-198; 38 U.S.C. 1701 note).
(c) Rule of Construction.--Nothing in this section shall be construed to prevent the Secretary of Veterans Affairs and the Secretary of Defense from considering all relevant evidence, as appropriate, in updating the VA/DOD Clinical Practice Guideline for Assessment and Management of Patients at Risk for Suicide, as required under subsection (a), or from ensuring that the final clinical practice guidelines updated under such subsection remain applicable to the patient populations of the Department of Veterans Affairs and the Department of Defense.
SEC. ___. JOINT MENTAL HEALTH PROGRAMS BY DEPARTMENT OF
VETERANS AFFAIRS AND DEPARTMENT OF DEFENSE.
(a) Report on Mental Health Programs.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Veterans Affairs and the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate and the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives a report on mental health programs of the Department of Veterans Affairs and the Department of Defense and joint programs of the Departments.
(2) Elements.--Each report required by paragraph (1) shall include the following:
(A) A description of mental health programs operated by the Department of Veterans Affairs, including the following:
(i) Transition assistance programs.
(ii) Clinical mental health initiatives, including--
(I) the Million Veterans Program; and
(II) centers of excellence of the Department of Veterans Affairs for traumatic brain injury and post-traumatic stress disorder.
(iii) Programs that may secondarily improve mental health, including employment, housing assistance, and financial literacy programs.
(iv) Research into mental health issues and conditions.
(B) A description of mental health programs operated by the Department of Defense, including the following:
(i) Transition assistance programs.
(ii) Clinical mental health initiatives, including the National Intrepid Center of Excellence.
(iii) Programs that may secondarily improve mental health, including employment, housing assistance, and financial literacy programs.
(iv) Research into mental health issues and conditions.
(C) A description of mental health programs jointly operated by the Department of Veterans Affairs and the Department of Defense, including the following:
(i) Transition assistance programs.
(ii) Clinical mental health initiatives.
(iii) Programs that may secondarily improve mental health, including employment, housing assistance, and financial literacy programs.
(iv) Research into mental health issues and conditions.
(D) Recommendations for coordinating mental health programs of the Department of Veterans Affairs and the Department of Defense to improve the effectiveness of those programs.
(E) Recommendations for novel joint programming of the Department of Veterans Affairs and the Department of Defense to improve the mental health of members of the Armed Forces and veterans.
(b) Establishment of Joint Center of Excellence.--
(1) In general.--Not later than two years after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall establish a center of excellence to be known as the ``Joint DOD/VA National Intrepid Center of Excellence Intrepid Spirit Center'' (in this subsection referred to as the ``Center'').
(2) Duties.--The Center shall conduct joint mental health programs of the Department of Veterans Affairs and the Department of Defense.
(3) Location.--The Center shall be established in a location that--
(A) is geographically distant from already existing and planned Intrepid Spirit Centers of the Department of Defense; and
(B) is in a rural or highly rural area (as determined through the use of the Rural-Urban Commuting Areas coding system of the Department of Agriculture).
______
SA 272. Mr. TESTER (for himself and Ms. Murkowski) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. INFORMATION FOR MEMBERS OF THE ARMED FORCES
REGARDING AVAILABILITY OF SERVICES FROM THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--The Secretary of Defense shall inform members of the Armed Forces, using mechanisms available to the Secretary, of the eligibility of such members for services from the Department of Veterans Affairs.
(b) Information From Sexual Assault Response Coordinators.--The Secretary shall ensure that Sexual Assault Response Coordinators of the Department of Defense advise members of the Armed Forces who report instances of military sexual trauma regarding the eligibility of such members for services at the Department of Veterans Affairs.
(c) Military Sexual Trauma Defined.--In this section, the term ``military sexual trauma'' means psychological trauma described in section 1720D(a)(1) of title 38, United States Code.
______
SA 273. Mr. BLUMENTHAL submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1045. REQUIREMENT FOR REIMBURsem*nT OF DEPARTMENT OF
DEFENSE FOR SUPPORT PROVIDED TO CIVILIAN LAW
ENFORCEMENT AGENCIES.
(a) In General.--Section 277 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``Subject to subsection
(c), to the extent otherwise required by section 1535 of title 31 (popularly known as the ``Economy Act'') or other applicable law, the'' and inserting ``The'';
(2) in subsection (b), by striking ``Subject to subsection
(c), the'' and inserting ``The''; and
(3) by striking subsection (c).
(b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2019, and shall apply with respect to support provided to civilian law enforcement agencies on or after that date.
______
SA 274. Mr. BLUMENTHAL (for himself and Mr. Manchin) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title I, add the following:
SEC. 147. INCREASED FUNDING FOR C-130H 8-BLADED PROPELLER
UPGRADE.
(a) Increased Funding.--The amount authorized to be appropriated by this Act for Aircraft Procurement, Air Force for the C-130H 8-bladed propeller upgrade is hereby increased by $43,700,000.
(b) Offsets.--(1) The amount authorized to be appropriated by this Act for Aircraft Procurement, Air Force for the KC46A MDAP is hereby reduced by $34,800,000.
(2) The amount authorized to be appropriated by this Act for Aircraft Procurement, Air Force for the F-22A is hereby reduced by $8,900,000.
______
SA 275. Mr. BLUMENTHAL submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. FREE CALL-BLOCKING TECHNOLOGY FOR SERVICEMEMBERS
AND THEIR PARENTS AND DEPENDENTS.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal Communications Commission.
(2) Covered subscriber.--The term ``covered subscriber'' means a subscriber who is--
(A) a servicemember; or
(B) a parent or dependent of a servicemember.
(3) Dependent.--The term ``dependent'' has the meaning given the term in subparagraphs (A) and (B) of section 101(4) of the Servicemembers Civil Relief Act (50 U.S.C. 3911(4)).
(4) Originating provider.--The term ``originating provider'' means a provider of a voice service or text messaging service that permits a subscriber to originate a call or text message that may be transmitted on the public switched telephone network.
(5) Parent.--The term ``parent''--
(A) has the meaning given the term in section 101(5) of title 38, United States Code; and
(B) includes a legal guardian.
(6) Receiving provider.--The term ``receiving provider'' means a provider of a voice service or text messaging service that permits a subscriber to receive a call or text message originating, or that may be transmitted, on the public switched telephone network.
(7) Servicemember.--The term ``servicemember'' has the meaning given the term in section 101(1) of the Servicemembers Civil Relief Act (50 U.S.C. 3911(1)).
(8) Text message; text messaging service; voice service.--The terms ``text message'', ``text messaging service'', and
``voice service'' have the meanings given those terms in section 227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)), except that such section 227(e)(8) shall be applied as if the amendments made by section 503(a)(2) of division P of the Consolidated Appropriations Act, 2018
(Public Law 115-141) had taken effect on the date of enactment of this Act.
(b) Requirement to Offer Technology to Covered Subscribers.--The Commission, in consultation with the Secretary of Defense, shall by regulation establish technical and procedural standards to require a receiving provider to, not later than 72 hours after receiving notice from a subscriber that the subscriber is a covered subscriber--
(1) offer to the subscriber, for no additional charge, the option to enable technology that--
(A) identifies an incoming call or text message as originating or probably originating from an automatic telephone dialing system; and
(B) prevents the subscriber from receiving a call or text message identified as described in subparagraph (A) unless--
(i) the call or text message is made or sent by a public safety entity, including a public safety answering point (as defined in section 222(h) of the Communications Act of 1934
(47 U.S.C. 222(h))), emergency operations center, or law enforcement agency; or
(ii) the subscriber has provided prior express consent to receive the call or text message and has not revoked that consent; and
(2) offer to the subscriber, for no additional charge, the ability to request that the receiving provider prevent the subscriber from receiving calls and text messages originating from a particular number.
(c) Commission Appeals Process Relating to Alleged Autodialers.--The standards established under paragraph (1) of subsection (b) shall provide for an appeals process under which--
(1) a subscriber of an originating provider (referred to in this subsection as the ``originating subscriber'') may notify the Commission that the technology offered under that paragraph by a receiving provider is--
(A) incorrectly identifying the calls or text messages of the originating subscriber as originating or probably originating from an automatic telephone dialing system; or
(B) preventing other subscribers from receiving calls or text messages originated by the originating subscriber that are permitted under subparagraph (B) of that paragraph;
(2) if the Commission finds that the circ*mstance about which the originating subscriber notified the Commission exists, the Commission shall--
(A) notify the receiving provider of the finding; and
(B) take such action as is reasonably necessary to correct the circ*mstance; and
(3) if the receiving provider is preventing a subscriber of the receiving provider (referred to in this paragraph as the
``receiving subscriber'') from receiving calls or text messages originated by the originating subscriber because the receiving subscriber has requested that prevention under subsection (b)(1), the Commission--
(A) may not require the receiving provider to stop preventing the calls or text messages unless the receiving subscriber provides affirmative consent; and
(B) shall require the receiving provider to notify the receiving subscriber of the existence of the circ*mstance described in paragraph (2) of this subsection.
(d) Private Right of Action.--
(1) In general.--A person aggrieved by a violation of the regulations prescribed under subsection (b) may bring an action in an appropriate district court of the United States, or, if otherwise permitted by the laws or rules of court of a State, in an appropriate court of that State, to--
(A) enjoin the violation; or
(B) recover the greater of--
(i) actual damages; or
(ii) $500 per violation.
(2) Enhanced awards.--If the court finds in an action brought under paragraph (1) that the defendant willfully or knowingly violated the regulations described in that paragraph, the court may increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of that paragraph.
(e) Rules of Construction.--
(1) Prevention of calls or text messages.--For purposes of a regulation prescribed under subsection (b), a call made or text message sent to a covered subscriber shall be considered to be prevented if, in accordance with the express consent of the subscriber, the call or text message is recorded or redirected in a manner that allows the subscriber to--
(A) be notified of the attempt to make the call or send the text message; or
(B) have access to--
(i) a message left by the calling party; or
(ii) the text message.
(2) Blocking caller identification information.--Nothing in this section may be construed to require an originating provider to prevent or restrict any person from blocking the capability of any caller identification service to transmit caller identification information.
(f) Regulations.--The Commission, in consultation with the Secretary of Defense, shall--
(1) prescribe the regulations required under subsection (b) not later than 1 year after the date of enactment of this Act; and
(2) require a provider of a voice service or text messaging service to comply with the regulations prescribed under paragraph (1) not later than 180 days after the date on which they are prescribed.
______
SA 276. Mr. BLUMENTHAL (for himself and Mr. Brown) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR
TRANSFER OF UNUSED ENTITLEMENT TO POST-9/11
EDUCATIONAL ASSISTANCE.
(a) Modification of Eligibility Requirements.--
(1) In general.--Subsection (b) of section 3319 of title 38, United States Code, is amended to read as follows:
``(b) Eligible Individuals.--An individual referred to in subsection (a) is an individual who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section--
``(1) has completed at least 10 years of service in the uniformed services, not fewer than six of which were service in the Armed Forces;
``(2) is a member of the uniformed services who--
``(A) is not an individual described in paragraph (1);
``(B) has served at least six years in the Armed Forces;
``(C) enters into an agreement to serve as a member of the uniformed services for a period that is no less than the difference between--
``(i) 10 years; and
``(ii) the period the individual has already served in the uniformed services; or
``(3) is described in section 3311(b)(10).''.
(2) Conforming amendments.--Such section is amended--
(A) in subsection (a)--
(i) by striking paragraph (2); and
(ii) in paragraph (1), by striking ``(1)'';
(B) in subsection (i)(2), by striking ``under subsection
(b)(1)'' and inserting ``under subsection (b)(2)(C)''; and
(C) in subsection (j)(2)--
(i) in subparagraph (A), by inserting ``and'' after the semicolon;
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as subparagraph
(B).
(b) Modification of Time to Transfer.--
(1) In general.--Paragraph (1) of subsection (f) of such section is amended to read as follows:
``(1) Time for transfer.--Subject to the time limitation for use of entitlement under section 3321 of this title, and except as provided in subsection (k), an individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement at any time.''.
(2) Conforming amendments.--Such section is further amended--
(A) by amending subsection (g) to read as follows:
``(g) Commencement of Use.--If a dependent to whom entitlement to educational assistance is transferred under this section is a child, the dependent may not commence the use of the transferred entitlement until either--
``(1) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or
``(2) the attainment by the child of 18 years of age.'';
(B) by striking subsection (k); and
(C) by redesignating subsection (l) as subsection (k).
______
SA 277. Mr. BLUMENTHAL submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1086. GOLD STAR FAMILIES FOREVER STAMP.
(a) Findings.--Congress finds that--
(1) Gold Star families are true national heroes, who deserve our deepest gratitude and respect; and
(2) the extraordinary contribution of Gold Star families is beyond measure, not merely for their loss, but the comfort they selflessly provide others and their model of service and sacrifice.
(b) In General.--In order to continue to honor the sacrifices of families who have lost a loved one who was a member of the Armed Forces in combat, the Postmaster General shall provide for the issuance of a forever stamp suitable for that purpose.
(c) Forever Stamp Defined.--In this section, the term
``forever stamp'' means a definitive stamp that--
(1) meets the postage required for first-class mail up to 1 ounce in weight; and
(2) retains full validity for the purpose described in paragraph (1) even if the rate of that postage is later increased.
(d) Effective Date.--The stamp described in subsection (b) shall be issued beginning as soon as practicable after the date of enactment of this Act and shall not thereafter be discontinued.
______
SA 278. Mr. BLUMENTHAL submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. ____. INAPPLICABILITY OF INSURRECTION ACT WITH RESPECT
TO ENFORCEMENT OF IMMIGRATION LAWS.
(a) In General.--Chapter 13 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 256. Inapplicability with respect to enforcement of immigration laws
``This chapter shall not be applied--
``(1) to authorize the execution of the immigration laws
(as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))), directly or indirectly, by a member of the Armed Forces; or
``(2) to otherwise authorize a member of the Armed Forces to aid or assist any official of the Government in the execution of the immigration laws.''.
(b) Technical and Conforming Amendment.--The table of sections for chapter 13 of title 10, United States Code, is amended by adding at the end the following:
``256. Inapplicability with respect to enforcement of immigration laws.''.
______
SA 279. Mr. COTTON submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle F of title X, insert the following:
SEC. ___. REPORTING REGARDING CANCELLED APPROPRIATIONS.
(a) Assessments Required.--
(1) Fiscal years 2009 through 2018.--Not later than 60 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that assesses the amount of appropriations cancelled under section 1552 of title 31, United States Code, during each of fiscal years 2009 through 2018.
(2) Fiscal year 2019.--Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that assesses the amount of appropriations cancelled under section 1552 of title 31, United States Code, during fiscal year 2019.
(b) Elements of Assessment.--Each assessment conducted under subsection (a) shall address the following:
(1) The amount of appropriations for each agency that were cancelled during each fiscal year covered by the report, including--
(A) the name of each appropriation account from which amounts were cancelled;
(B) for each cancelled appropriation, the fiscal year for which the appropriation was made, the period of availability of the appropriation, and the fiscal year during which the appropriation was cancelled;
(C) for each fiscal year for which appropriations made to the agency were cancelled, the percentage of the appropriations made available to the agency for the fiscal year that were cancelled; and
(D) whether there was an adjustment made with respect to the cancelled appropriation under section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)) or the cancelled appropriation was otherwise excluded from being taken into account for purposes of the discretionary spending limits (as defined in section 250 of such Act (2 U.S.C. 900)).
(2) The extent to which canceled appropriations different significantly across agencies or over time.
(3) The extent to which canceled appropriations are correlated with obligation rates or the length of time.
(4) The extent to which canceled appropriations are correlated with the length of continuing resolutions in the original year of the appropriation.
______
SA 280. Mr. COTTON (for himself and Ms. Duckworth) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Strike section 1260 and insert the following:
SEC. 1260. SENSE OF SENATE ON ENHANCED COOPERATION WITH
PACIFIC ISLAND COUNTRIES TO ESTABLISH OPEN-
SOURCE INTELLIGENCE FUSION CENTERS IN THE INDO-
PACIFIC REGION.
It is the sense of the Senate that--
(1) the Pacific Island countries in the Indo-Pacific region are critical partners of the United States;
(2) the United States should take steps to enhance collaboration with Pacific Island countries;
(3) United States Indo-Pacific Command should pursue the establishment of one or more open-source intelligence fusion centers in the Indo-Pacific region to enhance cooperation with Pacific Island countries, which may include participation in an existing fusion center of a partner or ally in lieu of establishing an entirely new fusion center; and
(4) the United States should continue to support the political, economic, and security partnerships among Australia, New Zealand, and other Pacific Island countries.
______
SA 281. Ms. KLOBUCHAR submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. ESTABLISHMENT OF A HYBRID THREAT CENTER ON
INFLUENCE OPERATIONS OF FOREIGN ADVERSARIES.
(a) Definition of Intelligence Community.--In this section, the term ``intelligence community'' has the meaning given such term in section 3 of the National Security Act of 1947
(50 U.S.C. 3003).
(b) Establishment.--The Director of National Intelligence shall establish a hybrid threat center (in this section referred to as the ``Center'') to assess and track, in a cross-discipline and holistic manner, influence operations of foreign adversaries carried out against the United States.
(c) Composition.--The Director shall ensure that the Center is composed of individuals from across the intelligence community who are experts in the following:
(1) Cybersecurity.
(2) Military communications.
(3) Finance.
(4) Economics.
(5) Disinformation.
(6) Emerging technology.
(7) Leadership.
(8) Regional affairs.
(d) Functions.--The functions of the Center are as follows:
(1) To assess and track influence operations of foreign adversaries, including operations of adversaries carried out domestically and operations carried out abroad.
(2) To make information available to the public regarding trends, threats, and tactics deployed by foreign adversaries to undermine democratic institutions and influence public opinion in the United States.
(3) To monitor disinformation operations and influence campaigns of foreign adversaries.
(4) To give the intelligence community and policymakers greater visibility into nebulous, cross-border influence operations of foreign adversaries.
(5) To monitor open source information, particularly on social media, to analyze disinformation campaigns and the weaponization of information and ensure that open source intelligence is given appropriate weight in analytic products of the intelligence community.
(6) To monitor technological trends, particularly important in cybersecurity and disinformation operations of foreign adversaries, so policymakers can adapt the responses of the Federal Government accordingly.
(7) To share information, as appropriate, with allied intelligence partners on foreign influence operations and tactics and in so doing establish a two-way exchange of threat information.
(e) Annual Reports.--Not less frequently than once each year, the Center shall submit to Congress a report on the activities of the Center and the implications of such activities to the privacy and civil liberties of the people of the United States.
(f) Sense of Congress.--It is the sense of Congress that--
(1) the Center should supplant existing task forces at individual agencies that have mandates and resources which are limited by their particular mission and budget;
(2) the intelligence community and Congress should work together to resolve existing legal limitations on elements of the intelligence community to monitor disinformation operations;
(3) the intelligence community and Congress should ensure that appropriate legal authorities are in place to protect the privacy and civil liberties of United States citizens; and
(4) lessons learned from post-9/11 counterterrorism experiences should be applied to foreign interference threats.
______
SA 282. Ms. KLOBUCHAR submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
DIVISION __--ELECTION SECURITY
SECTION _001. SHORT TITLE.
This division may be cited as the ``Election Security Act of 2019''.
TITLE I--FINANCIAL SUPPORT FOR ELECTION INFRASTRUCTURE
Subtitle A--Voting System Security Improvement Grants
PART 1--PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-
VERIFIED PERMANENT PAPER BALLOT
SEC. _101. SHORT TITLE.
This subtitle may be cited as the ``Voter Confidence and Increased Accessibility Act of 2019''.
SEC. _102. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.
(a) In General.--Section 301(a)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)(2)) is amended to read as follows:
``(2) Paper ballot requirement.--
``(A) Voter-verified paper ballots.--
``(i) Paper ballot requirement.--(I) The voting system shall require the use of an individual, durable, voter-verified paper ballot of the voter's vote that shall be marked and made available for inspection and verification by the voter before the voter's vote is cast and counted, and which shall be counted by hand or read by an optical character recognition device or other counting device. For purposes of this subclause, the term `individual, durable, voter-verified paper ballot' means a paper ballot marked by the voter by hand or a paper ballot marked through the use of a nontabulating ballot marking device or system, so long as the voter shall have the option to mark his or her ballot by hand.
``(II) The voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter-verified paper ballot is preserved in accordance with clause (ii).
``(III) The voting system shall not preserve the voter-verified paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter's vote without the voter's consent.
``(ii) Preservation as official record.--The individual, durable, voter-verified paper ballot used in accordance with clause (i) shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used.
``(iii) Manual counting requirements for recounts and audits.--(I) Each paper ballot used pursuant to clause (i) shall be suitable for a manual audit, and shall be counted by hand in any recount or audit conducted with respect to any election for Federal office.
``(II) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verified paper ballots used pursuant to clause
(i), and subject to subparagraph (B), the individual, durable, voter-verified paper ballots shall be the true and correct record of the votes cast.
``(iv) Application to all ballots.--The requirements of this subparagraph shall apply to all ballots cast in elections for Federal office, including ballots cast by absent uniformed services voters and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act and other absentee voters.
``(B) Special rule for treatment of disputes when paper ballots have been shown to be compromised.--
``(i) In general.--In the event that--
``(I) there is any inconsistency between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verified paper ballots used pursuant to subparagraph (A)(i) with respect to any election for Federal office; and
``(II) it is demonstrated by clear and convincing evidence
(as determined in accordance with the applicable standards in the jurisdiction involved) in any recount, audit, or contest of the result of the election that the paper ballots have been compromised (by damage or mischief or otherwise) and that a sufficient number of the ballots have been so compromised that the result of the election could be changed,
the determination of the appropriate remedy with respect to the election shall be made in accordance with applicable State law, except that the electronic tally shall not be used as the exclusive basis for determining the official certified result.
``(ii) Rule for consideration of ballots associated with each voting machine.--For purposes of clause (i), only the paper ballots deemed compromised, if any, shall be considered in the calculation of whether or not the result of the election could be changed due to the compromised paper ballots.''.
(b) Conforming Amendment Clarifying Applicability of Alternative Language Accessibility.--Section 301(a)(4) of such Act (52 U.S.C. 21081(a)(4)) is amended by inserting
``(including the paper ballots required to be used under paragraph (2))'' after ``voting system''.
(c) Other Conforming Amendments.--Section 301(a)(1) of such Act (52 U.S.C. 21081(a)(1)) is amended--
(1) in subparagraph (A)(i), by striking ``counted'' and inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(2) in subparagraph (A)(ii), by striking ``counted'' and inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(3) in subparagraph (A)(iii), by striking ``counted'' each place it appears and inserting ``counted, in accordance with paragraphs (2) and (3)''; and
(4) in subparagraph (B)(ii), by striking ``counted'' and inserting ``counted, in accordance with paragraphs (2) and
(3)''.
SEC. _103. ACCESSIBILITY AND BALLOT VERIFICATION FOR
INDIVIDUALS WITH DISABILITIES.
(a) In General.--Section 301(a)(3)(B) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)(3)(B)) is amended to read as follows:
``(B)(i) ensure that individuals with disabilities and others are given an equivalent opportunity to vote, including with privacy and independence, in a manner that produces a voter-verified paper ballot as for other voters;
``(ii) satisfy the requirement of subparagraph (A) through the use of at least one voting system equipped for individuals with disabilities, including nonvisual and enhanced visual accessibility for the blind and visually impaired, and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired, at each polling place; and
``(iii) meet the requirements of subparagraph (A) and paragraph (2)(A) by using a system that--
``(I) allows the voter to privately and independently verify the permanent paper ballot through the presentation, in accessible form, of the printed or marked vote selections from the same printed or marked information that would be used for any vote counting or auditing; and
``(II) allows the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot;''.
(b) Specific Requirement of Study, Testing, and Development of Accessible Paper Ballot Verification Mechanisms.--
(1) Study and reporting.--Subtitle C of title II of such Act (52 U.S.C. 21081 et seq.) is amended--
(A) by redesignating section 247 as section 248; and
(B) by inserting after section 246 the following new section:
``SEC. 247. STUDY AND REPORT ON ACCESSIBLE PAPER BALLOT
VERIFICATION MECHANISMS.
``(a) Study and Report.--The Commission shall make grants to not fewer than 3 eligible entities to study, test, and develop accessible paper ballot voting, verification, and casting mechanisms and devices and best practices to enhance the accessibility of paper ballot voting and verification mechanisms for individuals with disabilities, for voters whose primary language is not English, and for voters with difficulties in literacy, including best practices for the mechanisms themselves and the processes through which the mechanisms are used.
``(b) Eligibility.--An entity is eligible to receive a grant under this part if it submits to the Commission (at such time and in such form as the Commission may require) an application containing--
``(1) certifications that the entity shall specifically investigate enhanced methods or devices, including non-electronic devices, that will assist such individuals and voters in marking voter-verified paper ballots and presenting or transmitting the information printed or marked on such ballots back to such individuals and voters, and casting such ballots;
``(2) a certification that the entity shall complete the activities carried out with the grant not later than December 31, 2020; and
``(3) such other information and certifications as the Director may require.
``(c) Availability of Technology.--Any technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems.
``(d) Coordination With Grants for Technology Improvements.--The Commission shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program carried out under section 271, to the extent that the Commission determines necessary to provide for the advancement of accessible voting technology.
``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out subsection (a) $5,000,000, to remain available until expended.''.
(2) Clerical amendment.--The table of contents of such Act is amended--
(A) by redesignating the item relating to section 247 as relating to section 248; and
(B) by inserting after the item relating to section 246 the following new item:
``Sec. 247. Study and report on accessible paper ballot verification mechanisms.''.
(c) Clarification of Accessibility Standards Under Voluntary Voting System Guidance.--In adopting any voluntary guidance under subtitle B of title III of the Help America Vote Act with respect to the accessibility of the paper ballot verification requirements for individuals with disabilities, the Election Assistance Commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle.
(d) Permitting Use of Funds for Protection and Advocacy Systems to Support Actions to Enforce Election-related Disability Access.--Section 292(a) of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) is amended by striking ``; except that'' and all that follows and inserting a period.
SEC. _104. DURABILITY AND READABILITY REQUIREMENTS FOR
BALLOTS.
Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)) is amended by adding at the end the following new paragraph:
``(7) Durability and readability requirements for ballots.--
``(A) Durability requirements for paper ballots.--
``(i) In general.--All voter-verified paper ballots required to be used under this Act shall be marked or printed on durable paper.
``(ii) Definition.--For purposes of this Act, paper is
`durable' if it is capable of withstanding multiple counts and recounts by hand without compromising the fundamental integrity of the ballots, and capable of retaining the information marked or printed on them for the full duration of a retention and preservation period of 22 months.
``(B) Readability requirements for paper ballots marked by ballot marking device.--All voter-verified paper ballots completed by the voter through the use of a ballot marking device shall be clearly readable by the voter without assistance (other than eyeglasses or other personal vision enhancing devices) and by an optical character recognition device or other device equipped for individuals with disabilities.''.
SEC. _105. PAPER BALLOT PRINTING REQUIREMENTS.
(a) Requiring Paper Ballots to Be Printed on Recycled Paper Manufactured in United States.--Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by section _104, is amended by adding at the end the following new paragraph:
``(8) Printing requirements for ballots.--All paper ballots used in an election for Federal office shall be printed in the United States on recycled paper manufactured in the United States.''.
(b) Effective Date.--The amendment made by subsection (a) shall apply with respect to elections occurring on or after January 1, 2021.
SEC. _106. STUDY AND REPORT ON OPTIMAL BALLOT DESIGN.
(a) Study.--The Election Assistance Commission shall conduct a study of the best ways to design ballots used in elections for public office, including paper ballots and electronic or digital ballots, to minimize confusion and user errors.
(b) Report.--Not later than January 1, 2020, the Election Assistance Commission shall submit to Congress a report on the study conducted under subsection (a).
SEC. _107. EFFECTIVE DATE FOR NEW REQUIREMENTS.
Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C. 21081(d)) is amended to read as follows:
``(d) Effective Date.--
``(1) In general.--Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006.
``(2) Special rule for certain requirements.--
``(A) In general.--Except as provided in section 105(b) of the Election Security Act of 2019 and subparagraphs (B) and
(C), the requirements of this section which are first imposed on a State and jurisdiction pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2019 shall apply with respect to voting systems used for any election for Federal office held in 2020 or any succeeding year.
``(B) Delay for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in 2018.--
``(i) Delay.--In the case of a jurisdiction described in clause (ii), subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to `2020' were a reference to `2022', but only with respect to the following requirements of this section:
``(I) Paragraph (2)(A)(i)(I) of subsection (a) (relating to the use of voter-verified paper ballots).
``(II) Paragraph (3)(B)(ii)(I) and (II) of subsection (a)
(relating to access to verification from and casting of the durable paper ballot).
``(III) Paragraph (7) of subsection (a) (relating to durability and readability requirements for ballots).
``(ii) Jurisdictions described.--A jurisdiction described in this clause is a jurisdiction--
``(I) which used voter verifiable paper record printers attached to direct recording electronic voting machines, or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs (2)(A)(i)(I),
(3)(B)(iii)(I) and (II), and (7) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2019), for the administration of the regularly scheduled general election for Federal office held in November 2018; and
``(II) which will continue to use such printers or systems for the administration of elections for Federal office held in years before 2022.
``(iii) Mandatory availability of paper ballots at polling places using grandfathered printers and systems.--
``(I) Requiring ballots to be offered and provided.--The appropriate election official at each polling place that uses a printer or system described in clause (ii)(I) for the administration of elections for Federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a blank pre-printed paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system. The official shall provide the individual with the ballot and the supplies necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the waiting period for the individual to cast a vote is the lesser of 30 minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause.
``(II) Treatment of ballot.--Any paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes
(including by incorporating it into the final unofficial vote count (as defined by the State) for the precinct) and not as a provisional ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot.
``(III) Posting of notice.--The appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a pre-printed blank paper ballot.
``(IV) Training of election officials.--The chief State election official shall ensure that election officials at polling places in the State are aware of the requirements of this clause, including the requirement to display a notice under subclause (III), and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank pre-printed paper ballot.
``(V) Period of applicability.--The requirements of this clause apply only during the period in which the delay is in effect under clause (i).
``(C) Special rule for jurisdictions using certain nontabulating ballot marking devices.--In the case of a jurisdiction which uses a nontabulating ballot marking device which automatically deposits the ballot into a privacy sleeve, subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to
`any election for Federal office held in 2020 or any succeeding year' were a reference to `elections for Federal office occurring held in 2022 or each succeeding year', but only with respect to paragraph (3)(B)(iii)(II) of subsection
(a) (relating to nonmanual casting of the durable paper ballot).''.
PART 2--GRANTS TO CARRY OUT IMPROVEMENTS
SEC. 111. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING
SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY
IMPROVEMENTS.
(a) Availability of Grants.--Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding at the end the following new part:
``PART 7--GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS
AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS
``SEC. 297. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT
VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM
SECURITY IMPROVEMENTS.
``(a) Availability and Use of Grant.--The Commission shall make a grant to each eligible State--
``(1) to replace a voting system--
``(A) which does not meet the requirements which are first imposed on the State pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2019 with a voting system which does meet such requirements, for use in the regularly scheduled general elections for Federal office held in November 2020, or
``(B) which does meet such requirements but which is not in compliance with the most recent voluntary voting system guidelines issued by the Commission prior to the regularly scheduled general election for Federal office held in November 2020 with another system which does meet such requirements and is in compliance with such guidelines;
``(2) to carry out voting system security improvements described in section 297A with respect to the regularly scheduled general elections for Federal office held in November 2020 and each succeeding election for Federal office; and
``(3) to implement and model best practices for ballot design, ballot instructions, and the testing of ballots.
``(b) Amount of Grant.--The amount of a grant made to a State under this section shall be such amount as the Commission determines to be appropriate, except that such amount may not be less than the product of $1 and the average of the number of individuals who cast votes in any of the two most recent regularly scheduled general elections for Federal office held in the State.
``(c) Pro Rata Reductions.--If the amount of funds appropriated for grants under this part is insufficient to ensure that each State receives the amount of the grant calculated under subsection (b), the Commission shall make such pro rata reductions in such amounts as may be necessary to ensure that the entire amount appropriated under this part is distributed to the States.
``(d) Surplus Appropriations.--If the amount of funds appropriated for grants authorized under section 297D(a)(2) exceed the amount necessary to meet the requirements of subsection (b), the Commission shall consider the following in making a determination to award remaining funds to a State:
``(1) The record of the State in carrying out the following with respect to the administration of elections for Federal office:
``(A) Providing voting machines that are less than 10 years old.
``(B) Implementing strong chain of custody procedures for the physical security of voting equipment and paper records at all stages of the process.
``(C) Conducting pre-election testing on every voting machine and ensuring that paper ballots are available wherever electronic machines are used.
``(D) Maintaining offline backups of voter registration lists.
``(E) Providing a secure voter registration database that logs requests submitted to the database.
``(F) Publishing and enforcing a policy detailing use limitations and security safeguards to protect the personal information of voters in the voter registration process.
``(G) Providing secure processes and procedures for reporting vote tallies.
``(H) Providing a secure platform for disseminating vote totals.
``(2) Evidence of established conditions of innovation and reform in providing voting system security and the proposed plan of the State for implementing additional conditions.
``(3) Evidence of collaboration between relevant stakeholders, including local election officials, in developing the grant implementation plan described in section 297B.
``(4) The plan of the State to conduct a rigorous evaluation of the effectiveness of the activities carried out with the grant.
``(e) Ability of Replacement Systems to Administer Ranked Choice Elections.--To the greatest extent practicable, an eligible State which receives a grant to replace a voting system under this section shall ensure that the replacement system is capable of administering a system of ranked choice voting under which each voter shall rank the candidates for the office in the order of the voter's preference.
``SEC. 297A. VOTING SYSTEM SECURITY IMPROVEMENTS DESCRIBED.
``(a) Permitted Uses.--A voting system security improvement described in this section is any of the following:
``(1) The acquisition of goods and services from qualified election infrastructure vendors by purchase, lease, or such other arrangements as may be appropriate.
``(2) Cyber and risk mitigation training.
``(3) A security risk and vulnerability assessment of the State's election infrastructure which is carried out by a provider of cybersecurity services under a contract entered into between the chief State election official and the provider.
``(4) The maintenance of election infrastructure, including addressing risks and vulnerabilities which are identified under either of the security risk and vulnerability assessments described in paragraph (3), except that none of the funds provided under this part may be used to renovate or replace a building or facility which is used primarily for purposes other than the administration of elections for public office.
``(5) Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State's election infrastructure or designates as critical to the operation of the State's election infrastructure.
``(6) Enhancing the cybersecurity and operations of the information technology infrastructure described in paragraph
(4).
``(7) Enhancing the cybersecurity of voter registration systems.
``(b) Qualified Election Infrastructure Vendors Described.--
``(1) In general.--For purposes of this part, a `qualified election infrastructure vendor' is any person who provides, supports, or maintains, or who seeks to provide, support, or maintain, election infrastructure on behalf of a State, unit of local government, or election agency (as defined in section 801 of the Election Security Act) who meets the criteria described in paragraph (2).
``(2) Criteria.--The criteria described in this paragraph are such criteria as the Chairman, in coordination with the Secretary of Homeland Security, shall establish and publish, and shall include each of the following requirements:
``(A) The vendor must be owned and controlled by a citizen or permanent resident of the United States.
``(B) The vendor must disclose to the Chairman and the Secretary, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under this part, of any sourcing outside the United States for parts of the election infrastructure.
``(C) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the cybersecurity best practices issued by the Technical Guidelines Development Committee.
``(D) The vendor agrees to maintain its information technology infrastructure in a manner that is consistent with the cybersecurity best practices issued by the Technical Guidelines Development Committee.
``(E) The vendor agrees to meet the requirements of paragraph (3) with respect to any known or suspected cybersecurity incidents involving any of the goods and services provided by the vendor pursuant to a grant under this part.
``(F) The vendor agrees to permit independent security testing by the Commission (in accordance with section 231(a)) and by the Secretary of the goods and services provided by the vendor pursuant to a grant under this part.
``(3) Cybersecurity incident reporting requirements.--
``(A) In general.--A vendor meets the requirements of this paragraph if, upon becoming aware of the possibility that an election cybersecurity incident has occurred involving any of the goods and services provided by the vendor pursuant to a grant under this part--
``(i) the vendor promptly assesses whether or not such an incident occurred, and submits a notification meeting the requirements of subparagraph (B) to the Secretary and the Chairman of the assessment as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred);
``(ii) if the incident involves goods or services provided to an election agency, the vendor submits a notification meeting the requirements of subparagraph (B) to the agency as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred), and cooperates with the agency in providing any other necessary notifications relating to the incident; and
``(iii) the vendor provides all necessary updates to any notification submitted under clause (i) or clause (ii).
``(B) Contents of notifications.--Each notification submitted under clause (i) or clause (ii) of subparagraph (A) shall contain the following information with respect to any election cybersecurity incident covered by the notification:
``(i) The date, time, and time zone when the election cybersecurity incident began, if known.
``(ii) The date, time, and time zone when the election cybersecurity incident was detected.
``(iii) The date, time, and duration of the election cybersecurity incident.
``(iv) The circ*mstances of the election cybersecurity incident, including the specific election infrastructure systems believed to have been accessed and information acquired, if any.
``(v) Any planned and implemented technical measures to respond to and recover from the incident.
``(vi) In the case of any notification which is an update to a prior notification, any additional material information relating to the incident, including technical data, as it becomes available.
``SEC. 297B. ELIGIBILITY OF STATES.
``A State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing--
``(1) a description of how the State will use the grant to carry out the activities authorized under this part;
``(2) a certification and assurance that, not later than 5 years after receiving the grant, the State will carry out risk-limiting audits and will carry out voting system security improvements, as described in section 297A; and
``(3) such other information and assurances as the Commission may require.
``SEC. 297C. REPORTS TO CONGRESS.
``Not later than 90 days after the end of each fiscal year, the Commission shall submit a report to the appropriate congressional committees, including the Committees on Homeland Security, House Administration, and the Judiciary of the House of Representatives and the Committees on Homeland Security and Governmental Affairs, the Judiciary, and Rules and Administration of the Senate, on the activities carried out with the funds provided under this part.
``SEC. 297D. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be appropriated for grants under this part--
``(1) $1,000,000,000 for fiscal year 2019; and
``(2) $175,000,000 for each of the fiscal years 2020, 2022, 2024, and 2026.
``(b) Continuing Availability of Amounts.--Any amounts appropriated pursuant to the authorization of this section shall remain available until expended.''.
(b) Clerical Amendment.--The table of contents of such Act is amended by adding at the end of the items relating to subtitle D of title II the following:
``Part 7--Grants for Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements
``Sec. 297. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements.
``Sec. 297A. Voting system security improvements described.
``Sec. 297B. Eligibility of States.
``Sec. 297C. Reports to Congress.
``Sec. 297D. Authorization of appropriations.
SEC. _112. COORDINATION OF VOTING SYSTEM SECURITY ACTIVITIES
WITH USE OF REQUIREMENTS PAYMENTS AND ELECTION
ADMINISTRATION REQUIREMENTS UNDER HELP AMERICA
VOTE ACT OF 2002.
(a) Duties of Election Assistance Commission.--Section 202 of the Help America Vote Act of 2002 (52 U.S.C. 20922) is amended in the matter preceding paragraph (1) by striking
``by'' and inserting ``and the security of election infrastructure by''.
(b) Membership of Secretary of Homeland Security on Board of Advisors of Election Assistance Commission.--Section 214(a) of such Act (52 U.S.C. 20944(a)) is amended--
(1) by striking ``37 members'' and inserting ``38 members''; and
(2) by adding at the end the following new paragraph:
``(17) The Secretary of Homeland Security or the Secretary's designee.''.
(c) Representative of Department of Homeland Security on Technical Guidelines Development Committee.--Section 221(c)(1) of such Act (52 U.S.C. 20961(c)(1)) is amended--
(1) by redesignating subparagraph (E) as subparagraph (F); and
(2) by inserting after subparagraph (D) the following new subparagraph:
``(E) A representative of the Department of Homeland Security.''.
(d) Goals of Periodic Studies of Election Administration Issues; Consultation With Secretary of Homeland Security.--Section 241(a) of such Act (52 U.S.C. 20981(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``the Commission shall'' and inserting ``the Commission, in consultation with the Secretary of Homeland Security (as appropriate), shall'';
(2) by striking ``and'' at the end of paragraph (3);
(3) by redesignating paragraph (4) as paragraph (5); and
(4) by inserting after paragraph (3) the following new paragraph:
``(4) will be secure against attempts to undermine the integrity of election systems by cyber or other means; and''.
(e) Requirements Payments.--
(1) Use of payments for voting system security improvements.--Section 251(b) of such Act (52 U.S.C. 21001(b)) is amended by adding at the end the following new paragraph:
``(4) Permitting use of payments for voting system security improvements.--A State may use a requirements payment to carry out any of the following activities:
``(A) Cyber and risk mitigation training.
``(B) Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State's election infrastructure or designates as critical to the operation of the State's election infrastructure.
``(C) Enhancing the cybersecurity and operations of the information technology infrastructure described in subparagraph (B).
``(D) Enhancing the security of voter registration databases.''.
(2) Incorporation of election infrastructure protection in state plans for use of payments.--Section 254(a)(1) of such Act (52 U.S.C. 21004(a)(1)) is amended by striking the period at the end and inserting ``, including the protection of election infrastructure.''.
(3) Composition of committee responsible for developing state plan for use of payments.--Section 255 of such Act (52 U.S.C. 21005) is amended--
(A) by redesignating subsection (b) as subsection (c); and
(B) by inserting after subsection (a) the following new subsection:
``(b) Geographic Representation.--The members of the committee shall be a representative group of individuals from the State's counties, cities, towns, and Indian tribes, and shall represent the needs of rural as well as urban areas of the State, as the case may be.''.
(f) Ensuring Protection of Computerized Statewide Voter Registration List.--Section 303(a)(3) of such Act (52 U.S.C. 21083(a)(3)) is amended by striking the period at the end and inserting ``, as well as other measures to prevent and deter cybersecurity incidents, as identified by the Commission, the Secretary of Homeland Security, and the Technical Guidelines Development Committee.''.
SEC. _113. INCORPORATION OF DEFINITIONS.
(a) In General.--Section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141) is amended to read as follows:
``SEC. 901. DEFINITIONS.
``In this Act, the following definitions apply:
``(1) The term `cybersecurity incident' has the meaning given the term `incident' in section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148).
``(2) The term `election infrastructure' has the meaning given such term in section 3501 of the Election Security Act.
``(3) The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.''.
(b) Clerical Amendment.--The table of contents of such Act is amended by amending the item relating to section 901 to read as follows:
``Sec. 901. Definitions.''.
Subtitle B--Grants for Risk-Limiting Audits of Results of Elections
SEC. _121. GRANTS TO STATES FOR CONDUCTING RISK-LIMITING
AUDITS OF RESULTS OF ELECTIONS.
(a) Availability of Grants.--Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by section _111(a), is amended by adding at the end the following new part:
``PART 8--GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF
ELECTIONS
``SEC. 298. GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF
RESULTS OF ELECTIONS.
``(a) Availability of Grants.--The Commission shall make a grant to each eligible State to conduct risk-limiting audits as described in subsection (b) with respect to the regularly scheduled general elections for Federal office held in November 2020 and each succeeding election for Federal office.
``(b) Risk-limiting Audits Described.--In this part, a
`risk-limiting audit' is a post-election process--
``(1) which is conducted in accordance with rules and procedures established by the chief State election official of the State which meet the requirements of subsection (c); and
``(2) under which, if the reported outcome of the election is incorrect, there is at least a predetermined percentage chance that the audit will replace the incorrect outcome with the correct outcome as determined by a full, hand-to-eye tabulation of all votes validly cast in that election that ascertains voter intent manually and directly from voter-verifiable paper records.
``(c) Requirements for Rules and Procedures.--The rules and procedures established for conducting a risk-limiting audit shall include the following elements:
``(1) Rules for ensuring the security of ballots and documenting that prescribed procedures were followed.
``(2) Rules and procedures for ensuring the accuracy of ballot manifests produced by election agencies.
``(3) Rules and procedures for governing the format of ballot manifests, cast vote records, and other data involved in the audit.
``(4) Methods to ensure that any cast vote records used in the audit are those used by the voting system to tally the election results sent to the chief State election official and made public.
``(5) Procedures for the random selection of ballots to be inspected manually during each audit.
``(6) Rules for the calculations and other methods to be used in the audit and to determine whether and when the audit of an election is complete.
``(7) Procedures and requirements for testing any software used to conduct risk-limiting audits.
``(d) Definitions.--In this part, the following definitions apply:
``(1) The term `ballot manifest' means a record maintained by each election agency that meets each of the following requirements:
``(A) The record is created without reliance on any part of the voting system used to tabulate votes.
``(B) The record functions as a sampling frame for conducting a risk-limiting audit.
``(C) The record contains the following information with respect to the ballots cast and counted in the election:
``(i) The total number of ballots cast and counted by the agency (including undervotes, overvotes, and other invalid votes).
``(ii) The total number of ballots cast in each election administered by the agency (including undervotes, overvotes, and other invalid votes).
``(iii) A precise description of the manner in which the ballots are physically stored, including the total number of physical groups of ballots, the numbering system for each group, a unique label for each group, and the number of ballots in each such group.
``(2) The term `incorrect outcome' means an outcome that differs from the outcome that would be determined by a full tabulation of all votes validly cast in the election, determining voter intent manually, directly from voter-verifiable paper records.
``(3) The term `outcome' means the winner of an election, whether a candidate or a position.
``(4) The term `reported outcome' means the outcome of an election which is determined according to the canvass and which will become the official, certified outcome unless it is revised by an audit, recount, or other legal process.
``SEC. 298A. ELIGIBILITY OF STATES.
``A State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing--
``(1) a certification that, not later than 5 years after receiving the grant, the State will conduct risk-limiting audits of the results of elections for Federal office held in the State as described in section 298;
``(2) a certification that, not later than one year after the date of the enactment of this section, the chief State election official of the State has established or will establish the rules and procedures for conducting the audits which meet the requirements of section 298(c);
``(3) a certification that the audit shall be completed not later than the date on which the State certifies the results of the election;
``(4) a certification that, after completing the audit, the State shall publish a report on the results of the audit, together with such information as necessary to confirm that the audit was conducted properly;
``(5) a certification that, if a risk-limiting audit conducted under this part leads to a full manual tally of an election, State law requires that the State or election agency shall use the results of the full manual tally as the official results of the election; and
``(6) such other information and assurances as the Commission may require.
``SEC. 298B. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for grants under this part $20,000,000 for fiscal year 2019, to remain available until expended.''.
(b) Clerical Amendment.--The table of contents of such Act, as amended by section _111(b), is further amended by adding at the end of the items relating to subtitle D of title II the following:
``Part 8--Grants for Conducting Risk-Limiting Audits of Results of
Elections
``Sec. 298. Grants for conducting risk-limiting audits of results of elections.
``Sec. 298A. Eligibility of States.
``Sec. 298B. Authorization of appropriations.
SEC. _122. GAO ANALYSIS OF EFFECTS OF AUDITS.
(a) Analysis.--Not later than 6 months after the first election for Federal office is held after grants are first awarded to States for conducting risk-limiting audits under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by section _121) for conducting risk-limiting audits of elections for Federal office, the Comptroller General of the United States shall conduct an analysis of the extent to which such audits have improved the administration of such elections and the security of election infrastructure in the States receiving such grants.
(b) Report.--The Comptroller General of the United States shall submit a report on the analysis conducted under subsection (a) to the appropriate congressional committees.
Subtitle C--Election Infrastructure Innovation Grant Program
SEC. _131. ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM.
(a) In General.--Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended--
(1) by redesignating the second section 319 (relating to EMP and GMD mitigation research and development) as section 320; and
(2) by adding at the end the following new section:
``SEC. 321. ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM.
``(a) Establishment.--The Secretary, acting through the Under Secretary for Science and Technology, in coordination with the Chairman of the Election Assistance Commission
(established pursuant to the Help America Vote Act of 2002) and in consultation with the Director of the National Science Foundation and the Director of the National Institute of Standards and Technology, shall establish a competitive grant program to award grants to eligible entities, on a competitive basis, for purposes of research and development that are determined to have the potential to significantly improve the security (including cybersecurity), quality, reliability, accuracy, accessibility, and affordability of election infrastructure, and increase voter participation.
``(b) Report to Congress.--Not later than 90 days after the conclusion of each fiscal year for which grants are awarded under this section, the Secretary shall submit to the Committee on Homeland Security and the Committee on House Administration of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Rules and Administration of the Senate a report describing such grants and analyzing the impact, if any, of such grants on the security and operation of election infrastructure, and on voter participation.
``(c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $20,000,000 for each of fiscal years 2019 through 2027 for purposes of carrying out this section.
``(d) Eligible Entity Defined.--In this section, the term
`eligible entity' means--
``(1) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), including an institution of higher education that is a historically Black college or university
(which has the meaning given the term ``part B institution'' in section 322 of such Act (20 U.S.C. 1061)) or other minority-serving institution listed in section 371(a) of such Act (20 U.S.C. 1067q(a));
``(2) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or
``(3) an organization, association, or a for-profit company, including a small business concern (as such term is defined under section 3 of the Small Business Act (15 U.S.C. 632)), including a small business concern owned and controlled by socially and economically disadvantaged individuals as defined under section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)).''.
(b) Definition.--Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended--
(1) by redesignating paragraphs (6) through (20) as paragraphs (7) through (21), respectively; and
(2) by inserting after paragraph (5) the following new paragraph:
``(6) Election infrastructure.--The term `election infrastructure' means storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office, as well as related information and communications technology, including voter registration databases, voting machines, electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results), and other systems used to manage the election process and to report and display election results on behalf of an election agency.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by striking both items relating to section 319 and the item relating to section 318 and inserting the following new items:
``Sec. 318. Social media working group.
``Sec. 319. Transparency in research and development.
``Sec. 320. EMP and GMD mitigation research and development.
``Sec. 321. Election infrastructure innovation grant program.''.
TITLE II--SECURITY MEASURES
SEC. _201. ELECTION INFRASTRUCTURE DESIGNATION.
Subparagraph (J) of section 2001(3) of the Homeland Security Act of 2002 (6 U.S.C. 601(3)) is amended by inserting ``, including election infrastructure'' before the period at the end.
SEC. _202. TIMELY THREAT INFORMATION.
Subsection (d) of section 201 of the Homeland Security Act of 2002 (6 U.S.C. 121) is amended by adding at the end the following new paragraph:
``(24) To provide timely threat information regarding election infrastructure to the chief State election official of the State with respect to which such information pertains.''.
SEC. _203. SECURITY CLEARANCE ASSISTANCE FOR ELECTION
OFFICIALS.
In order to promote the timely sharing of information on threats to election infrastructure, the Secretary may--
(1) help expedite a security clearance for the chief State election official and other appropriate State personnel involved in the administration of elections, as designated by the chief State election official;
(2) sponsor a security clearance for the chief State election official and other appropriate State personnel involved in the administration of elections, as designated by the chief State election official; and
(3) facilitate the issuance of a temporary clearance to the chief State election official and other appropriate State personnel involved in the administration of elections, as designated by the chief State election official, if the Secretary determines classified information to be timely and relevant to the election infrastructure of the State at issue.
SEC. _204. SECURITY RISK AND VULNERABILITY ASSESSMENTS.
(a) In General.--Paragraph (6) of section 2209(c) of the Homeland Security Act of 2002 (6 U.S.C. 659(c)) is amended by inserting ``(including by carrying out a security risk and vulnerability assessment)'' after ``risk management support''.
(b) Prioritization to Enhance Election Security.--
(1) In general.--Not later than 90 days after receiving a written request from a chief State election official, the Secretary shall, to the extent practicable, commence a security risk and vulnerability assessment (pursuant to paragraph (6) of section 2209(c) of the Homeland Security Act of 2002, as amended by subsection (a)) on election infrastructure in the State at issue.
(2) Notification.--If the Secretary, upon receipt of a request described in paragraph (1), determines that a security risk and vulnerability assessment cannot be commenced within 90 days, the Secretary shall expeditiously notify the chief State election official who submitted such request.
SEC. _205. ANNUAL REPORTS.
(a) Reports on Assistance and Assessments.--Not later than one year after the date of the enactment of this Act and annually thereafter through 2026, the Secretary shall submit to the appropriate congressional committees--
(1) efforts to carry out section 203 during the prior year, including specific information on which States were helped, how many officials have been helped in each State, how many security clearances have been sponsored in each State, and how many temporary clearances have been issued in each State; and
(2) efforts to carry out section 204 during the prior year, including specific information on which States were helped, the dates on which the Secretary received a request for a security risk and vulnerability assessment pursuant to such section, the dates on which the Secretary commenced each such request, and the dates on which the Secretary transmitted a notification in accordance with subsection (b)(2) of such section.
(b) Reports on Foreign Threats.--Not later than 90 days after the end of each fiscal year (beginning with fiscal year 2019), the Secretary and the Director of National Intelligence, in coordination with the heads of appropriate offices of the Federal government, shall submit a joint report to the appropriate congressional committees on foreign threats to elections in the United States, including physical and cybersecurity threats.
(c) Information From States.--For purposes of preparing the reports required under this section, the Secretary shall solicit and consider information and comments from States and election agencies, except that the provision of such information and comments by a State or election agency shall be voluntary and at the discretion of the State or agency.
SEC. _206. PRE-ELECTION THREAT ASSESSMENTS.
(a) Submission of Assessment by DNI.--Not later than 180 days before the date of each regularly scheduled general election for Federal office, the Director of National Intelligence shall submit an assessment of the full scope of threats to election infrastructure, including cybersecurity threats posed by state actors and terrorist groups, and recommendations to address or mitigate the threats, as developed by the Secretary and Chairman, to--
(1) the chief State election official of each State;
(2) the Committees on Homeland Security and House Administration of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Rules and Administration of the Senate; and
(3) any other appropriate congressional committees.
(b) Updates to Initial Assessments.--If, at any time after submitting an assessment with respect to an election under subsection (a), the Director of National Intelligence determines that the assessment should be updated to reflect new information regarding the threats involved, the Director shall submit a revised assessment under such subsection.
(c) Definitions.--In this section, the following definitions apply:
(1) The term ``Chairman'' means the chair of the Election Assistance Commission.
(2) The term ``chief State election official'' means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act.
(3) The term ``election infrastructure'' means storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office, as well as related information and communications technology, including voter registration databases, voting machines, electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results), and other systems used to manage the election process and to report and display election results on behalf of an election agency.
(4) The term ``Secretary'' means the Secretary of Homeland Security.
(5) The term ``State'' has the meaning given such term in section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141).
(d) Effective Date.--This title shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding regularly scheduled general election for Federal office.
TITLE III--ENHANCING PROTECTIONS FOR UNITED STATES DEMOCRATIC
INSTITUTIONS
SEC. _301. NATIONAL STRATEGY TO PROTECT UNITED STATES
DEMOCRATIC INSTITUTIONS.
(a) In General.--Not later than one year after the date of the enactment of this Act, the President, acting through the Secretary, in consultation with the Chairman, the Secretary of Defense, the Secretary of State, the Attorney General, the Secretary of Education, the Director of National Intelligence, the Chairman of the Federal Election Commission, and the heads of any other appropriate Federal agencies, shall issue a national strategy to protect against cyber attacks, influence operations, disinformation campaigns, and other activities that could undermine the security and integrity of United States democratic institutions.
(b) Considerations.--The national strategy required under subsection (a) shall include consideration of the following:
(1) The threat of a foreign state actor, foreign terrorist organization (as designated pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189)), or a domestic actor carrying out a cyber attack, influence operation, disinformation campaign, or other activity aimed at undermining the security and integrity of United States democratic institutions.
(2) The extent to which United States democratic institutions are vulnerable to a cyber attack, influence operation, disinformation campaign, or other activity aimed at undermining the security and integrity of such democratic institutions.
(3) Potential consequences, such as an erosion of public trust or an undermining of the rule of law, that could result from a successful cyber attack, influence operation, disinformation campaign, or other activity aimed at undermining the security and integrity of United States democratic institutions.
(4) Lessons learned from other Western governments the institutions of which were subject to a cyber attack, influence operation, disinformation campaign, or other activity aimed at undermining the security and integrity of such institutions, as well as actions that could be taken by the United States Government to bolster collaboration with foreign partners to detect, deter, prevent, and counter such activities.
(5) Potential impacts such as an erosion of public trust in democratic institutions as could be associated with a successful cyber breach or other activity negatively-affecting election infrastructure.
(6) Roles and responsibilities of the Secretary, the Chairman, and the heads of other Federal entities and non-Federal entities, including chief State election officials and representatives of multi-state information sharing and analysis center.
(7) Any findings, conclusions, and recommendations to strengthen protections for United States democratic institutions that have been agreed to by a majority of Commission members on the National Commission to Protect United States Democratic Institutions, authorized pursuant to section 302.
(c) Implementation Plan.--Not later than 90 days after the issuance of the national strategy required under subsection
(a), the President, acting through the Secretary, in coordination with the Chairman, shall issue an implementation plan for Federal efforts to implement such strategy that includes the following:
(1) Strategic objectives and corresponding tasks.
(2) Projected timelines and costs for the tasks referred to in paragraph (1).
(3) Metrics to evaluate performance of such tasks.
(d) Classification.--The national strategy required under subsection (a) shall be in unclassified form.
(e) Civil Rights Review.--Not later than 60 days after the issuance of the national strategy required under subsection
(a), and not later than 60 days after the issuance of the implementation plan required under subsection (c), the Privacy and Civil Liberties Oversight Board (established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee)) shall submit a report to Congress on any potential privacy and civil liberties impacts of such strategy and implementation plan, respectively.
SEC. _302. NATIONAL COMMISSION TO PROTECT UNITED STATES
DEMOCRATIC INSTITUTIONS.
(a) Establishment.--There is established within the legislative branch the National Commission to Protect United States Democratic Institutions (hereafter in this section referred to as the ``Commission'').
(b) Purpose.--The purpose of the Commission is to counter efforts to undermine democratic institutions within the United States.
(c) Composition.--
(1) Membership.--The Commission shall be composed of 10 members appointed for the life of the Commission as follows:
(A) One member shall be appointed by the Secretary.
(B) One member shall be appointed by the Chairman.
(C) Two members shall be appointed by the majority leader of the Senate, in consultation with the Chairman of the Committee on Homeland Security and Governmental Affairs, the Chairman of the Committee on the Judiciary, and the Chairman of the Committee on Rules and Administration.
(D) Two members shall be appointed by the minority leader of the Senate, in consultation with the ranking minority member of the Committee on Homeland Security and Governmental Affairs, the ranking minority member of the Committee on the Judiciary, and the ranking minority member of the Committee on Rules and Administration.
(E) Two members shall be appointed by the Speaker of the House of Representatives, in consultation with the Chairman of the Committee on Homeland Security, the Chairman of the Committee on House Administration, and the Chairman of the Committee on the Judiciary.
(F) Two members shall be appointed by the minority leader of the House of Representatives, in consultation with the ranking minority member of the Committee on Homeland Security, the ranking minority member of the Committee on the Judiciary, and the ranking minority member of the Committee on House Administration.
(2) Qualifications.--Individuals shall be selected for appointment to the Commission solely on the basis of their professional qualifications, achievements, public stature, experience, and expertise in relevant fields, including, but not limited to cybersecurity, national security, and the Constitution of the United States.
(3) No compensation for service.--Members shall not receive compensation for service on the Commission, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with chapter 57 of title 5, United States Code.
(4) Deadline for appointment.--All members of the Commission shall be appointed no later than 60 days after the date of the enactment of this Act.
(5) Vacancies.--A vacancy on the Commission shall not affect its powers and shall be filled in the manner in which the original appointment was made. The appointment of the replacement member shall be made not later than 60 days after the date on which the vacancy occurs.
(d) Chair and Vice Chair.--The Commission shall elect a Chair and Vice Chair from among its members.
(e) Quorum and Meetings.--
(1) Quorum.--The Commission shall meet and begin the operations of the Commission not later than 30 days after the date on which all members have been appointed or, if such meeting cannot be mutually agreed upon, on a date designated by the Speaker of the House of Representatives and the President pro Tempore of the Senate. Each subsequent meeting shall occur upon the call of the Chair or a majority of its members. A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold meetings.
(2) Authority of individuals to act for commission.--Any member of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take under this section.
(f) Powers.--
(1) Hearings and evidence.--The Commission (or, on the authority of the Commission, any subcommittee or member thereof) may, for the purpose of carrying out this section, hold hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission considers advisable to carry out its duties.
(2) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this section.
(g) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the assistance provided under paragraph (1), the Department of Homeland Security, the Election Assistance Commission, and other appropriate departments and agencies of the United States shall provide to the Commission such services, funds, facilities, and staff as they may determine advisable and as may be authorized by law.
(h) Public Meetings.--Any public meetings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order.
(i) Security Clearances.--
(1) In general.--The heads of appropriate departments and agencies of the executive branch shall cooperate with the Commission to expeditiously provide Commission members and staff with appropriate security clearances to the extent possible under applicable procedures and requirements.
(2) Preferences.--In appointing staff, obtaining detailees, and entering into contracts for the provision of services for the Commission, the Commission shall give preference to individuals otherwise who have active security clearances.
(j) Reports.--
(1) Interim reports.--At any time prior to the submission of the final report under paragraph (2), the Commission may submit interim reports to the President and Congress such findings, conclusions, and recommendations to strengthen protections for democratic institutions in the United States as have been agreed to by a majority of the members of the Commission.
(2) Final report.--Not later than 18 months after the date of the first meeting of the Commission, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations to strengthen protections for democratic institutions in the United States as have been agreed to by a majority of the members of the Commission.
(k) Termination.--
(1) In general.--The Commission shall terminate upon the expiration of the 60-day period which begins on the date on which the Commission submits the final report required under subsection (j)(2).
(2) Administrative activities prior to termination.--During the 60-day period described in paragraph (2), the Commission may carry out such administrative activities as may be required to conclude its work, including providing testimony to committees of Congress concerning the final report and disseminating the final report.
TITLE IV--PROMOTING CYBERSECURITY THROUGH IMPROVEMENTS IN ELECTION
ADMINISTRATION
SEC. _401. TESTING OF EXISTING VOTING SYSTEMS TO ENSURE
COMPLIANCE WITH ELECTION CYBERSECURITY
GUIDELINES AND OTHER GUIDELINES.
(a) Requiring Testing of Existing Voting Systems.--
(1) In general.--Section 231(a) of the Help America Vote Act of 2002 (52 U.S.C. 20971(a)) is amended by adding at the end the following new paragraph:
``(3) Testing to ensure compliance with guidelines.--
``(A) Testing.--Not later than 9 months before the date of each regularly scheduled general election for Federal office, the Commission shall provide for the testing by accredited laboratories under this section of the voting system hardware and software which was certified for use in the most recent such election, on the basis of the most recent voting system guidelines applicable to such hardware or software (including election cybersecurity guidelines) issued under this Act.
``(B) Decertification of hardware or software failing to meet guidelines.--If, on the basis of the testing described in subparagraph (A), the Commission determines that any voting system hardware or software does not meet the most recent guidelines applicable to such hardware or software issued under this Act, the Commission shall decertify such hardware or software.''.
(2) Effective date.--The amendment made by paragraph (1) shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding regularly scheduled general election for Federal office.
(b) Issuance of Cybersecurity Guidelines by Technical Guidelines Development Committee.--Section 221(b) of the Help America Vote Act of 2002 (52 U.S.C. 20961(b)) is amended by adding at the end the following new paragraph:
``(3) Election cybersecurity guidelines.--Not later than 6 months after the date of the enactment of this paragraph, the Development Committee shall issue election cybersecurity guidelines, including standards and best practices for procuring, maintaining, testing, operating, and updating election systems to prevent and deter cybersecurity incidents.''.
SEC. _402. TREATMENT OF ELECTRONIC POLL BOOKS AS PART OF
VOTING SYSTEMS.
(a) Inclusion in Definition of Voting System.--Section 301(b) of the Help America Vote Act of 2002 (52 U.S.C. 21081(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``this section'' and inserting ``this Act'';
(2) by striking ``and'' at the end of paragraph (1);
(3) by redesignating paragraph (2) as paragraph (3); and
(4) by inserting after paragraph (1) the following new paragraph:
``(2) any electronic poll book used with respect to the election; and''.
(b) Definition.--Section 301 of such Act (52 U.S.C. 21081) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e); and
(2) by inserting after subsection (b) the following new subsection:
``(c) Electronic Poll Book Defined.--In this Act, the term
`electronic poll book' means the total combination of mechanical, electromechanical, or electronic equipment
(including the software, firmware, and documentation required to program, control, and support the equipment) that is used--
``(1) to retain the list of registered voters at a polling location, or vote center, or other location at which voters cast votes in an election for Federal office; and
``(2) to identify registered voters who are eligible to vote in an election.''.
(c) Effective Date.--Section 301(e) of such Act (52 U.S.C. 21081(e)), as redesignated by subsection (b), is amended by striking the period at the end and inserting the following:
``, or, with respect to any requirements relating to electronic poll books, on and after January 1, 2020.''.
SEC. _403. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.
(a) Requiring States to Submit Reports.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 301 the following new section:
``SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.
``(a) Requiring States to Submit Reports.--Not later than 120 days before the date of each regularly scheduled general election for Federal office, the chief State election official of a State shall submit a report to the Commission containing a detailed voting system usage plan for each jurisdiction in the State which will administer the election, including a detailed plan for the usage of electronic poll books and other equipment and components of such system.
``(b) Effective Date.--Subsection (a) shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding regularly scheduled general election for Federal office.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (52 U.S.C. 21111) is amended by striking
``sections 301, 302, and 303'' and inserting ``subtitle A of title III''.
(c) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 301 the following new item:
``Sec. 301A. Pre-election reports on voting system usage.''.
SEC. _404. STREAMLINING COLLECTION OF ELECTION INFORMATION.
Section 202 of the Help America Vote Act of 2002 (52 U.S.C. 20922) is amended--
(1) by striking ``The Commission'' and inserting ``(a) In General.--The Commission''; and
(2) by adding at the end the following new subsection:
``(b) Waiver of Certain Requirements.--Subchapter I of chapter 35 of title 44, United States Code, shall not apply to the collection of information for purposes of maintaining the clearinghouse described in paragraph (1) of subsection
(a).''.
TITLE V--PREVENTING ELECTION HACKING
SEC. _501. SHORT TITLE.
This title may be cited as the ``Prevent Election Hacking Act of 2019''.
SEC. _502. ELECTION SECURITY BUG BOUNTY PROGRAM.
(a) Establishment.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish a program to be known as the ``Election Security Bug Bounty Program'' (hereafter in this subtitle referred to as the
``Program'') to improve the cybersecurity of the systems used to administer elections for Federal office by facilitating and encouraging assessments by independent technical experts, in cooperation with State and local election officials and election service providers, to identify and report election cybersecurity vulnerabilities.
(b) Voluntary Participation by Election Officials and Election Service Providers.--
(1) No requirement to participate in program.--Participation in the Program shall be entirely voluntary for State and local election officials and election service providers.
(2) Encouraging participation and input from election officials.--In developing the Program, the Secretary shall solicit input from, and encourage participation by, State and local election officials.
(c) Activities Funded.--In establishing and carrying out the Program, the Secretary shall--
(1) establish a process for State and local election officials and election service providers to voluntarily participate in the Program;
(2) designate appropriate information systems to be included in the Program;
(3) provide compensation to eligible individuals, organizations, and companies for reports of previously unidentified security vulnerabilities within the information systems designated under subparagraph (A) and establish criteria for individuals, organizations, and companies to be considered eligible for such compensation in compliance with Federal laws;
(4) consult with the Attorney General on how to ensure that approved individuals, organizations, or companies that comply with the requirements of the Program are protected from prosecution under section 1030 of title 18, United States Code, and similar provisions of law, and from liability under civil actions for specific activities authorized under the Program;
(5) consult with the Secretary of Defense and the heads of other departments and agencies that have implemented programs to provide compensation for reports of previously undisclosed vulnerabilities in information systems, regarding lessons that may be applied from such programs;
(6) develop an expeditious process by which an individual, organization, or company can register with the Department, submit to a background check as determined by the Department, and receive a determination as to eligibility for participation in the Program; and
(7) engage qualified interested persons, including representatives of private entities, about the structure of the Program and, to the extent practicable, establish a recurring competition for independent technical experts to assess election systems for the purpose of identifying and reporting election cybersecurity vulnerabilities;
(d) Use of Service Providers.--The Secretary may award competitive contracts as necessary to manage the Program.
SEC. _503. DEFINITIONS.
In this title, the following definitions apply:
(1) The terms ``election'' and ``Federal office'' have the meanings given such terms in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101).
(2) The term ``election cybersecurity vulnerability'' means any security vulnerability (as defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501)) that affects an election system.
(3) The term ``election service provider'' means any person providing, supporting, or maintaining an election system on behalf of a State or local election official, such as a contractor or vendor.
(4) The term ``election system'' means any information system (as defined in section 3502 of title 44, United States Code) which is part of an election infrastructure.
(5) The term ``Secretary'' means the Secretary of Homeland Security, or, upon designation by the Secretary of Homeland Security, the Deputy Secretary of Homeland Security, the Director of Cybersecurity and Infrastructure Security of the Department of Homeland Security, or a Senate-confirmed official that reports to the Director.
(6) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of Northern Mariana Islands, and the United States Virgin Islands.
(7) The term ``voting system'' has the meaning given such term in section 301(b) of the Help America Vote Act of 2002
(52 U.S.C. 21081(b)).
TITLE VI--ELECTION SECURITY GRANTS ADVISORY COMMITTEE
SEC. _601. ESTABLISHMENT OF ADVISORY COMMITTEE.
(a) In General.--Subtitle A of title II of the Help America Vote Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding at the end the following:
``PART 4--ELECTION SECURITY GRANTS ADVISORY COMMITTEE
``SEC. 225. ELECTION SECURITY GRANTS ADVISORY COMMITTEE.
``(a) Establishment.--There is hereby established an advisory committee (hereinafter in this part referred to as the `Committee') to assist the Commission with respect to the award of grants to States under this Act for the purpose of election security.
``(b) Duties.--
``(1) In general.--The Committee shall, with respect to an application for a grant received by the Commission--
``(A) review such application; and
``(B) recommend to the Commission whether to award the grant to the applicant.
``(2) Considerations.--In reviewing an application pursuant to paragraph (1)(A), the Committee shall consider--
``(A) the record of the applicant with respect to--
``(i) compliance of the applicant with the requirements under subtitle A of title III; and
``(ii) adoption of voluntary guidelines issued by the Commission under subtitle B of title III; and
``(B) the goals and requirements of election security as described in title III of the For the People Act of 2019.
``(c) Membership.--The Committee shall be composed of 15 individuals appointed by the Executive Director of the Commission with experience and expertise in election security.
``(d) No Compensation for Service.--Members of the Committee shall not receive any compensation for their service, but shall be paid travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee.''.
(b) Effective Date.--The amendments made by this section shall take effect 1 year after the date of enactment of this Act.
TITLE VII--USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES
SEC. _701. USE OF VOTING MACHINES MANUFACTURED IN THE UNITED
STATES.
Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by section _104 and section _105, is amended by adding at the end the following new paragraph:
``(9) Voting machine requirements.--By not later than the date of the regularly scheduled general election for Federal office occurring in November 2022, each State shall seek to ensure that any voting machine used in such election and in any subsequent election for Federal office is manufactured in the United States.''.
TITLE VIII--MISCELLANEOUS PROVISIONS
SEC. _801. DEFINITIONS.
Except as provided in section 503, in this division, the following definitions apply:
(1) The term ``Chairman'' means the chair of the Election Assistance Commission.
(2) The term ``appropriate congressional committees'' means the Committees on Homeland Security and House Administration of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Rules and Administration of the Senate.
(3) The term ``chief State election official'' means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act.
(4) The term ``Commission'' means the Election Assistance Commission.
(5) The term ``democratic institutions'' means the diverse range of institutions that are essential to ensuring an independent judiciary, free and fair elections, and rule of law.
(6) The term ``election agency'' means any component of a State, or any component of a unit of local government in a State, which is responsible for the administration of elections for Federal office in the State.
(7) The term ``election infrastructure'' means storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office, as well as related information and communications technology, including voter registration databases, voting machines, electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results), and other systems used to manage the election process and to report and display election results on behalf of an election agency.
(8) The term ``Secretary'' means the Secretary of Homeland Security.
(9) The term ``State'' has the meaning given such term in section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141).
SEC. _802. INITIAL REPORT ON ADEQUACY OF RESOURCES AVAILABLE
FOR IMPLEMENTATION.
Not later than 120 days after enactment of this Act, the Chairman and the Secretary shall submit a report to the appropriate committees of Congress, including the Committees on Homeland Security and House Administration of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, analyzing the adequacy of the funding, resources, and personnel available to carry out this division and the amendments made by this division.
TITLE IX--SEVERABILITY
SEC. _901. SEVERABILITY.
If any provision of this division or amendment made by this division, or the application of a provision or amendment to any person or circ*mstance, is held to be unconstitutional, the remainder of this division and amendments made by this division, and the application of the provisions and amendment to any person or circ*mstance, shall not be affected by the holding.
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SA 283. Mr. VAN HOLLEN (for himself and Mr. Blunt) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title V, add the following:
SEC. 589. REVIEW ON AWARD OF THE MEDAL OF HONOR TO CERTAIN
WORLD WAR I VETERANS.
(a) Review Required.--Each Secretary concerned shall review the service records of each World War I veteran described in subsection (b) under the jurisdiction of such Secretary who is recommended for such review by the Valor Medals Review Task Force referred to in subsection (c), or another veterans service organization, in order to determine whether such veteran should be awarded the Medal of Honor for valor during World War I.
(b) Covered World War I Veterans.--The World War I veterans whose service records are to be reviewed under subsection (a) are the following:
(1) Any African American war veteran, Asian American war veteran, Hispanic American war veteran, Jewish American war veteran, or Native American war veteran who was awarded the Distinguished Service Cross or the Navy Cross for an action that occurred between April 6, 1917, and November 11, 1918.
(2) Any African American war veteran, Asian American war veteran, Hispanic American war veteran, Jewish American war veteran, or Native American war veteran who was awarded the Croix de Guerre with Palm (that is, awarded at the Army level or above) by the Government of France for an action that occurred between April 6, 1917, and November 11, 1918.
(3) Any African American war veteran, Asian American war veteran, Hispanic American war veteran, Jewish American war veteran, or Native American war veteran who was recommended for a Medal of Honor for an action that occurred from April 6, 1917, to November 11, 1918.
(c) Consultations.--In carrying out the review under subsection (a), each Secretary concerned shall consult at least once each fiscal year quarter with the Valor Medals Review Task Force, jointly established by the United States Foundation for the Commemoration of the World Wars (in consultation with the United States World War One Centennial Commission) and the George S. Robb Centre for the Study of the Great War, and with such other veterans service organizations as such Secretary considers appropriate, until the conclusion of the review.
(d) Recommendation Based on Review.--If a Secretary concerned determines, based upon the review under subsection
(a), that the award of the Medal of Honor to a covered World War I veteran is warranted, such Secretary shall submit to the President a recommendation that the President award the Medal of Honor to that veteran.
(e) Authority To Award Medal of Honor.--The Medal of Honor may be awarded to a World War I veteran in accordance with a recommendation of a Secretary concerned under subsection (d).
(f) Waiver of Time Limitations.--An award of the Medal of Honor may be made under subsection (e) without regard to--
(1) section 7274 or 8298 of title 10, United States Code, as applicable; and
(2) any regulation or other administrative restriction on--
(A) the time for awarding the Medal of Honor; or
(B) the awarding of the Medal of Honor for service for which a Distinguished Service Cross or Navy Cross has been awarded.
(g) Definitions.--
(1) In general.--In this section:
(A) The term ``Secretary concerned'' means--
(i) the Secretary of the Army, in the case of members of the Armed Forces who served in the Army between April 6, 1917, and November 11, 1918; and
(ii) the Secretary of the Navy, in the case of members of the Armed Forces who served in the Navy or the Marine Corps between April 6, 1917, and November 11, 1918.
(B) The term ``African American war veteran'' means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself as of African descent on his military personnel records.
(C) The term ``Asian American war veteran'' means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself racially, nationally, or ethnically as originating from a country in Asia on his military personnel records.
(D) The term ``Hispanic American war veteran'' means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself racially, nationally, or ethnically as originating from a country where Spanish is an official language on his military personnel records.
(E) The term ``Jewish American war veteran'' mean any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself as Jewish on his military personnel records.
(F) The term ``Native American war veteran'' means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself as a member of a federally recognized tribe within the modern territory of the United States on his military personnel records.
(2) Application of definitions of origin.--If the military personnel records of a person do not reflect the person's membership in one of the groups identified in subparagraphs
(B) through (F) of paragraph (1) but historical evidence exists that demonstrates the person's Jewish faith held at the time of service, or that the person identified himself as of African, Asian, Hispanic, or Native American descent, the person may be treated as being a member of the applicable group by the Secretary concerned (in consultation with the organizations referred to in subsection (c)) for purposes of this section.
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SA 284. Mr. VAN HOLLEN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title V, add the following:
SEC. 589. HONORARY PROMOTION OF COLONEL CHARLES E. MCGEE TO
BRIGADIER GENERAL IN THE AIR FORCE.
Notwithstanding any time limitation with respect to promotions for persons who served in the Armed Forces, the President is authorized to issue an appropriate honorary commission promoting to brigadier general in the Air Force Colonel Charles E. McGee, United States Air Force (retired), a distinguished Tuskegee Airman whose honorary promotion has the recommendation of the Secretary of the Air Force in accordance with the provisions section 1563 of title 10, United States Code.
______
SA 285. Mr. VAN HOLLEN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1290. REQUIREMENTS FOR CIVIL NUCLEAR COOPERATION
AGREEMENTS WITH THE KINGDOM OF SAUDI ARABIA.
(a) Requirements for Agreement.--Any United States-Saudi Arabia civilian nuclear cooperation agreement under section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) concluded after the date of the enactment of this Act shall--
(1) prohibit the Kingdom of Saudi Arabia from enriching uranium or separating plutonium on Saudi Arabian territory; and
(2) require the Kingdom of Saudi Arabia to bring into force the Additional Protocol with the International Atomic Energy Agency.
(b) Required Reporting on Ballistic Missile Program of Saudi Arabia.--
(1) In general.--The Director of National Intelligence shall submit to the appropriate congressional committees, at the time an agreement described under subsection (a) is submitted to Congress pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), a report on the ballistic missile program of Saudi Arabia.
(2) Elements.--The report required under paragraph (1) shall include the following elements:
(A) A detailed description of the ballistic missile program of Saudi Arabia.
(B) An assessment of any technical and material foreign assistance Saudi Arabia has received for its ballistic missile program.
(C) An assessment of the impact of Saudi Arabia's ballistic missile program on longstanding United States policy to combat the proliferation of ballistic missile technology in the Middle East.
(3) Appropriate congressional committees defined.--In this subsection, the term ``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.
______
SA 286. Ms. BALDWIN submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VIII, add the following:
SEC. 835. REQUIREMENT FOR CERTAIN NAVAL VESSEL COMPONENTS TO
BE MANUFACTURED IN THE NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
Section 2534(a)(3)(A) of title 10, United States Code, is amended by adding at the end the following new clauses:
``(iv) Auxiliary equipment, including pumps, for all shipboard services.
``(v) Propulsion system components (engines, reduction gears, and propellers).
``(vi) Shipboard cranes.
``(vii) Spreaders for shipboard cranes.''.
______
SA 287. Ms. BALDWIN submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XV, add the following:
Subtitle C--Other Matters
SEC. 1531. REVIEW OF JOINT IMPROVISED-THREAT DEFEAT
ORGANIZATION RESEARCH RELATING TO HUMANITARIAN
DEMINING EFFORTS.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter,the Secretary of Defense shall conduct a review of the research of the Joint Improvised-Threat Defeat Organization to identify information that may be released to United States humanitarian demining organizations for the purpose of improving the efficiency and effectiveness of humanitarian demining efforts.
(b) Release of Information to Humanitarian Demining Organizations.--The Secretary shall release to United States humanitarian demining organizations research identified under subsection (a).
______
SA 288. Ms. BALDWIN submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. EDGE COMPUTING PLAN.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense shall develop and submit to the congressional defense committees a plan to implement, manage, coordinate, and field evolving commercial edge computing technologies--
(1) to improve the performance of C3I, logistics, and warfighting systems of the Department; and
(2) to ensure the military departments and defense agencies are postured to quickly take advantage of the innovation occurring in the private sector in artificial intelligence and machine learning.
(b) Contents.--The plan submitted under subsection (a) shall include plans to develop policies, procedures, budgets, and accelerated acquisition and contracting mechanisms for edge computing.
(c) Definition of Edge Computing.--In this section, the term ``edge computing'' means a method of optimizing applications or cloud computing systems by taking some portion of an application, its data, or services away from one or more central nodes (referred to as the ``core'') to the other logical extreme (referred to as the ``edge'') of the Internet which makes contact with the physical world or end users.
______
SA 289. Mr. SULLIVAN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VII, insert the following:
SEC. ___. AUTHORITY TO PLAN, DESIGN, AND CONSTRUCT, OR LEASE,
SHARED MEDICAL FACILITIES.
(a) In General.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1104 the following new section:
``Sec. 1104a. Shared medical facilities with the Department of Veterans Affairs
``(a) Agreements.--The Secretary of Defense and the Secretary of Veterans Affairs may enter into agreements with each other for the planning, design, and construction, or leasing, of facilities to be operated as shared medical facilities.
``(b) Transfer of Amounts by Secretary of Defense.--(1) The Secretary of Defense may transfer to the Secretary of Veterans Affairs amounts as follows:
``(A) Amounts, not in excess of the amount authorized by law for an unspecified minor military construction project, for the construction of a shared medical facility if--
``(i) the amount of the share of the Department of Defense for the estimated cost of the project does not exceed the amount specified in subsection (a)(2) of section 2805 of this title; and
``(ii) the other requirements of such section have been met with respect to amounts identified for transfer.
``(B) Amounts appropriated for the Defense Health Program for the purpose of the planning, design, and construction, or the leasing of space, for a shared medical facility.
``(2) The authority to transfer amounts under this section is in addition to any other authority to transfer amounts available to the Secretary of Defense.
``(3) Section 2215 of this title does not apply to a transfer of funds under this subsection.
``(c) Transfer of Amounts by Secretary of Veterans Affairs.--The Secretary of Veterans Affairs may transfer to the Secretary of Defense amounts as follows:
``(1) Amounts appropriated to the Secretary of Veterans Affairs for `Construction, minor projects' for use for the planning, design, or construction of a shared medical facility if the amount of the share of the Department of Veterans Affairs for the estimated cost of the project does not exceed the amount specified in section 8104(a)(3)(A) of title 38.
``(2) Amounts appropriated to the Secretary of Veterans Affairs for `Construction, major projects' for use for the planning, design, or construction of a shared medical facility if--
``(A) the amount of the share of the Department of Veterans Affairs for the estimated cost of the project exceeds the amount specified in subsection (a)(3) of section 8104 of title 38; and
``(B) the other requirements of such section have been met with respect to amounts identified for transfer.
``(3) Amounts appropriated to the applicable appropriation account of the Department of Veterans Affairs for the purpose of leasing space for a shared medical facility if the amount of the share of the Department of Veterans Affairs for the estimated cost of the project does not exceed the amount specified in section 8104(a)(3)(B) of title 38.
``(d) Receipt of Amounts by Secretary of Defense.--(1) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for necessary expenses for the planning, design, and construction of a shared medical facility, if the amount of the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title, may be credited to accounts of the Department of Defense available for the construction of a shared medical facility.
``(2) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for the purpose of the planning and design, or the leasing of space, for a shared medical facility may be credited to accounts of the Department of Defense available for such purposes, and may be used for such purposes.
``(3) Using accounts credited with transfers from the Secretary of Veterans Affairs under paragraph (1), the Secretary of Defense may carry out unspecified minor military construction projects, if the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title.
``(e) Receipt of Amounts by Secretary of Veterans Affairs.--(1) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, and construction of a shared medical facility, if the amount of the share of the Department of Veterans Affairs for the cost of such project does not exceed the amount specified in section 8104(a)(3)(A) of title 38, may be credited to the `Construction, minor projects' account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility.
``(2) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, and construction of a shared medical facility, if the amount of the share of the Department of Veterans Affairs for the cost of such project exceeds the amount specified in subsection (a)(3)(A) of section 8104 of title 38, may be credited to the
`Construction, major projects' account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility if the other requirements of such section have been met with respect to amounts identified for transfer.
``(3) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for the purpose of leasing space for a shared medical facility may be credited to accounts of the Department of Veterans Affairs available for such purposes, and may be used for such purposes.
``(f) Merger of Amounts Transferred.--Any amount transferred under this section shall be merged with, and be available for the same purposes and the same time period as, the appropriation or fund to which transferred.
``(g) Shared Medical Facility Defined.--(1) In this section, the term `shared medical facility' means a building or buildings, or a campus, intended to be used by both the Department of Defense and the Department of Veterans Affairs for the provision of health care services, whether under the jurisdiction of the Secretary of Defense or the Secretary of Veterans Affairs, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs.
``(2) Such term includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting sidewalks, and accommodations for attending personnel.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1104 the following new item:
``1104a. Shared medical facilities with the Department of Veterans
Affairs.''.
(c) Technical Correction.--Paragraph (3) of section 8104(a) of title 38, United States Code, is amended to read as follows:
``(3) For purposes of this subsection:
``(A) The term `major medical facility project' means a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than
$20,000,000, but such term does not include an acquisition by exchange, nonrecurring maintenance projects of the Department, or the construction, alteration, or acquisition of a shared Federal medical facility for which the Department's estimated share of the project costs does not exceed $20,000,000.
``(B) The term `major medical facility lease' means a lease for space for use as a new medical facility at an average annual rent of more than the dollar threshold for leases procured through the General Services Administration under section 3307(a)(2) of title 40, which shall be subject to annual adjustment in accordance with section 3307(h) of such title, but such term does not include a lease for space for use as a shared Federal medical facility for which the Department's estimated share of the lease costs does not exceed that dollar threshold.''.
______
SA 290. Mr. MENENDEZ submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the following:
SEC. ___. REPEAL OF PROHIBITION ON TRANSFER OF ARTICLES ON
THE UNITED STATES MUNITIONS LIST TO THE
REPUBLIC OF CYPRUS.
(a) Sense of the Senate on Cyprus.--It is the sense of the Senate that--
(1) allowing for the export, re-export or transfer of arms subject to the United States Munitions List (part 121 of title 22, Code of Federal Regulations) to the Republic of Cyprus would advance United States security interests in Europe by helping to reduce the dependence of the Government of the Republic of Cyprus on other countries, including countries that pose challenges to United States interests around the world, for defense-related materiel; and
(2) it is in the interest of the United States--
(A) to continue to support United Nations-facilitated efforts toward a comprehensive solution to the division of Cyprus; and
(B) for the Republic of Cyprus to join NATO's Partnership for Peace program.
(b) Modification of Prohibition.--Section 620C(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2373(e)) is amended--
(1) in paragraph (1), by striking ``Any agreement'' and inserting ``Except as provided in paragraph (3), any agreement''; and
(2) by adding at the end the following new paragraph:
``(3) The requirement under paragraph (1) shall not apply to any sale or other provision of any defense article or defense service to Cyprus if the end-user of such defense article or defense service is the Government of the Republic of Cyprus.''.
(c) Exclusion of the Government of the Republic of Cyprus From Certain Related Regulations.--
(1) In general.--Subject to subsection (d) and except as provided in paragraph (2), beginning on the date of the enactment of this Act, the Secretary of State shall not apply a policy of denial for exports, re-exports, or transfers of defense articles and defense services destined for or originating in the Republic of Cyprus if--
(A) the request is made by or on behalf of the Government of the Republic of Cyprus; and
(B) the end-user of such defense articles or defense services is the Government of the Republic of Cyprus.
(2) Exception.--This exclusion shall not apply to any denial based upon credible human rights concerns.
(d) Limitations on the Transfer of Articles on the United States Munitions List to the Republic of Cyprus.--
(1) In general.--The policy of denial for exports, re-exports, or transfers of defense articles on the United States Munitions List to the Republic of Cyprus shall remain in place unless the President determines and certifies to the appropriate congressional committees not less than annually that--
(A) the Government of the Republic of Cyprus is continuing to cooperate with the United States Government in efforts to implement reforms on anti-money laundering regulations and financial regulatory oversight; and
(B) the Government of the Republic of Cyprus has made and is continuing to take the steps necessary to deny Russian military vessels access to ports for refueling and servicing.
(2) Waiver.--The President may waive the limitations contained in this subsection for one fiscal year if the President determines that it is essential to the national security interests of the United States to do so.
(3) Appropriate congressional committees defined.--In this section, the term ``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
______
SA 291. Mr. MENENDEZ submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CLIMATE SECURITY ENVOY.
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 (h); and
(2) by inserting after subsection (f) the following:
``(g) Climate Security Envoy.--
``(1) In general.--Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, the President shall appoint, by and with the advice and consent of the Senate, a Climate Security Envoy, who shall serve in the Bureau of Oceans and International Environmental and Scientific Affairs of the Department of State.
``(2) Duties.--The Climate Security Envoy--
``(A) shall develop a climate security policy in accordance with paragraph (3);
``(B) shall coordinate the integration of scientific data on the current and anticipated effects of climate change into applied strategies across programmatic and regional bureaus of the Department of State and into the Department's decision making processes;
``(C) shall serve as a key point of contact for other Federal agencies, including the Department of Defense, the Department of Homeland Security, and the Intelligence Community, on climate security issues;
``(D) shall use the voice, vote, and influence of the United States to encourage other countries and international multilateral organizations to support the principles of the climate security policy developed under paragraph (3);
``(E) shall perform such other duties and exercise such powers as the Secretary of State shall prescribe; and
``(F) may not--
``(i) perform the functions of the Special Envoy for Climate Change to the United Nations; or
``(ii) serve as the United States negotiator in any international forum to address climate change.
``(3) Climate security policy.--The Climate Security Envoy shall develop and facilitate the implementation of a climate security policy that requires the Bureau of Conflict and Stabilization Operations, the Bureau of Political-Military Affairs, embassies, regional bureaus, and other offices with a role in conflict avoidance, prevention and security assistance, or humanitarian disaster response, prevention, and assistance to assess, develop, budget for, and (upon approval) implement plans, policies, and actions--
``(A) to enhance the resilience capacities of foreign countries to the effects of climate change as a means of reducing the risk of conflict and instability;
``(B) to evaluate specific added risks to certain regions and countries that are--
``(i) vulnerable to the effects of climate change; and
``(ii) strategically significant to the United States;
``(C) to account for the impacts on human health, safety, stresses, reliability, food production, fresh water and other critical natural resources, and economic activity;
``(D) to coordinate the integration of climate change risk and vulnerability assessments into the decision-making process for awarding foreign assistance;
``(E) to advance principles of good governance by encouraging foreign governments, particularly nations that are least capable of coping with the effects of climate change--
``(i) to conduct climate security evaluations; and
``(ii) to facilitate the development of climate security action plans to ensure stability and public safety in disaster situations in a humane and responsible fashion; and
``(F) to evaluate the vulnerability, security, susceptibility, and resiliency of United States interests and non-defense assets abroad.
``(4) Report.--The Climate Security Envoy shall regularly report to the Secretary of State regarding the activities described in paragraphs (2) and (3) to integrate climate concerns into agendas and program budget requests.
``(5) Rank and status of ambassador.--The Climate Security Envoy shall have the rank and status of Ambassador-at-Large.
``(6) Defined term.--In this subsection, the term `climate security' means the effects of climate change on--
``(A) United States national security concerns and subnational, national, and regional political stability; and
``(B) overseas security and conflict situations that are potentially exacerbated by dynamic environmental factors and events, including--
``(i) the intensification and frequency of droughts, floods, wildfires, tropical storms, and other extreme weather events;
``(ii) changes in historical severe weather, drought, and wildfire patterns;
``(iii) the expansion of geographical ranges of droughts, floods, and wildfires into regions that had not regularly experienced such phenomena;
``(iv) global sea level rise patterns and the expansion of geographical ranges affected by drought; and
``(v) changes in marine environments that effect critical geostrategic waterways, such as the Arctic Ocean, the South China Sea, the South Pacific Ocean, the Barents Sea, and the Beaufort Sea.''.
______
SA 292. Mr. MENENDEZ submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. UNITED STATES SPECIAL REPRESENTATIVE FOR THE ARCTIC.
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 (h); and; and
(2) by inserting after subsection (f) the following:
``(g) Special Representative for the Arctic.--
``(1) Designation.--The Secretary of State shall designate a Special Representative for the Arctic--
``(A) to coordinate the United States Government response to international disputes and needs in the Arctic;
``(B) to represent the United States Government, as appropriate, in multilateral fora in discussions concerning access, cooperation, conservation, cultural relations, and transit in the Arctic; and
``(C) to formulate United States policy to assist in the resolution of international conflicts in the Arctic.
``(2) Other responsibilities.--The Special Representative for the Arctic may carry out other assigned responsibilities, in addition to the duties described in paragraph (1).''.
______
SA 293. Mr. MENENDEZ submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of division A, add following:
TITLE XVII--SAUDI ARABIA ACCOUNTABILITY AND YEMEN ACT
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Saudi Arabia Accountability and Yemen Act of 2019''.
Subtitle A--Peaceful Resolution of the Civil War in Yemen and
Protection of Civilians
SEC. 1711. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to support United Nations-led efforts for a comprehensive political settlement that leads to a territorially unified, stable, and independent Yemen;
(2) to insist on the urgent need for a political solution, consistent with United Nations Security Council Resolution 2216 (2015), or any successor United Nations Security Council Resolution demanding an end to violence in Yemen and peaceful resolution of the conflict in that country;
(3) to reject all statements, policies, or actions advocating for a military solution to the civil war in Yemen;
(4) to encourage long-standing United States security partners, including the Government of Saudi Arabia and the Government of the United Arab Emirates, to take the lead in confidence-building measures that open space for political dialogue to end the war in Yemen and address the humanitarian crisis; and
(5) to support the implementation of the agreements reached between the parties to the conflict at Stockholm, Sweden on December 13, 2018, consistent with United Nations Security Council Resolution 2451 (2018).
SEC. 1712. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) continued direct negotiations between the Government of Saudi Arabia, the internationally-recognized Government of Yemen, and representatives of the Houthi movement (also known as ``Ansar Allah'') are required--
(A) to reach a political solution;
(B) to implement the agreements reached between the Saudi-led coalition, the internationally recognized Government of Yemen, local Yemeni forces, and Ansar Allah at Stockholm, Sweden on December 13, 2018 (referred to in this subtitle as the ``Stockholm Agreement'');
(C) to address the suffering of the Yemeni people; and
(D) to counter efforts by Iran, al Qaeda, and ISIS to exploit instability for their own malign purposes;
(2) the Government of Saudi Arabia and the Government of the United Arab Emirates bear significant responsibility for the economic stabilization and eventual reconstruction of Yemen; and
(3) the United States and the international community must continue to support the work of United Nations Special Envoy Martin Griffiths to achieve a political solution to the civil war in Yemen, including by supporting the implementation of the Stockholm Agreement and United Nations Security Council Resolution 2451 (2018).
SEC. 1713. UNITED STATES STRATEGY FOR ENDING THE WAR IN
YEMEN.
(a) Defined Term.--In this subtitle, the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Foreign Affairs of the House of Representatives; and
(4) the Committee on Armed Services of the House of Representatives.
(b) Strategy.--Not later than 30 days after the date of the enactment of this Act, and every 90 days thereafter until a complete cessation of hostilities in the Yemen civil war, the Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of Defense, and the Director of National Intelligence shall provide a briefing to the appropriate congressional committees on the progress of the United States strategy to end the war in Yemen.
(c) Elements.--The briefing required under subsection (b) shall include--
(1) a summary of the United States national security interests threatened by continued civil war and instability in Yemen;
(2) a description of the steps necessary to end the civil war in Yemen and achieve a territorially unified, stable, and independent Yemen;
(3) a description of efforts to implement the Stockholm Agreement;
(4) a description of whether the Saudi-led coalition, the internationally recognized Government of Yemen, local Yemeni forces, and Ansar Allah are taking the necessary steps referred to in paragraphs (2) and (3);
(5) a description of United States activities to encourage all parties to take the necessary steps referred to in paragraphs (2) and (3);
(6) an assessment of the threat posed by Al Qaeda and the Islamic State in Yemen to United States national security, including--
(A) a comprehensive list of all sources of support received by these groups; and
(B) an assessment regarding whether the activities of Al Qaeda in the Arabian Peninsula and the Islamic State in Yemen have expanded or diminished since the beginning of the war in Yemen;
(7) an explanation of how the United States has used, and plans to use, its military and diplomatic leverage--
(A) to end the civil war in Yemen; and
(B) to move the stakeholders in the war toward a political process to end the war;
(8) an assessment of Iran's activities in Yemen, including--
(A) a comprehensive summary of all recipients of illicit Iranian support in Yemen; and
(B) an assessment regarding whether the scope of Iran's influence and activities in Yemen have increased or decreased since the beginning of the war in Yemen;
(9) a description of Russia's activities in Yemen and an assessment of Russia's objectives for such activities; and
(10) any other matters relevant to ending the civil war in Yemen.
SEC. 1714. REPORT ON ACCOUNTABILITY FOR VIOLATIONS OF
INTERNATIONAL LAW, INCLUDING WAR CRIMES, AND
OTHER HARM TO CIVILIANS IN YEMEN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) all stakeholders in the conflict in Yemen should end all practices involving arbitrary arrests, enforced disappearances, torture, and other unlawful treatment;
(2) all stakeholders in the conflict in Yemen should reveal the fate or the location of all persons who have been subjected to enforced disappearance by such stakeholders;
(3) all persons who remain in custody as a result of the conflict in Yemen should be granted immediate access to their families;
(4) the locations of all detention facilities run or supervised by members of the Saudi-led coalition should be revealed and brought under the supervision of the Prosecutor General of Yemen;
(5) independent monitors should be granted access to all places of detention in Yemen;
(6) all stakeholders to the conflict in Yemen should fully cooperate with the United Nations Panel of Experts on Yemen.
(b) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees that describes the causes and consequences of civilian harm occurring in the armed conflict in Yemen, including war crimes, and gross violations of human rights as a result of the actions of all parties to the conflict.
(c) Elements.--The report required under subsection (b) shall include--
(1) a description of civilian harm occurring in the context of the armed conflict in Yemen, including--
(A) mass casualty incidents; and
(B) damage to, and destruction of, civilian infrastructure and services, including--
(i) hospitals and other medical facilities;
(ii) electrical grids;
(iii) water systems;
(iv) ports and port infrastructure; and
(v) other critical infrastructure;
(2) violations of the law of armed conflict committed during the war in Yemen by--
(A) all forces involved in the Saudi-led coalition and all forces fighting on its behalf;
(B) members of the Houthi movement and all forces fighting on its behalf;
(C) members of violent extremist organizations; and
(D) any other combatants in the conflict;
(3) as examples of violations referred to in paragraph
(2)--
(A) alleged war crimes;
(B) specific instances of failure by the parties to the conflict to exercise distinction, proportionality, and precaution in the use force in accordance with the law of armed conflict;
(C) arbitrary denials of humanitarian access and the resulting impact on the alleviation of human suffering;
(D) detention-related abuses;
(E) the use of child soldiers, including members of the Sudanese paramilitary Rapid Support Forces (previously known as the ``Janjaweed militia''); and
(F) other acts that may constitute violations of the law of armed conflict; and
(4) recommendations for establishing accountability mechanisms for the civilian harm, war crimes, other violations of the law of armed conflict, and gross violations of human rights perpetrated by parties to the conflict in Yemen, including--
(A) the potential for prosecuting individuals perpetrating, organizing, directing, or ordering such violations; and
(B) establishing condolence payments for the impacted members of the civilian population.
(d) Form.--The report required under subsection (b) shall be submitted in unclassified form, but may contain a classified annex.
SEC. 1715. SUSPENSION OF ARMS TRANSFERS TO SAUDI ARABIA.
(a) Restriction.--Except as provided in subsection (b), during the period beginning on the date of the enactment of this Act and ending on September 30, 2020, the United States Government--
(1) may not sell, transfer, or authorize licenses for export to the Government of Saudi Arabia any item designated under Category III, IV, VII, or VIII on the United States Munitions List pursuant to section 38(a)(1) of the Arms Export Control Act
(22 U.S.C. 2778(a)(1)); and
(2) shall suspend any licenses or other approvals that were issued before the date of the enactment of this Act for the export to the Government of Saudi Arabia of any item designated under Category IV of the United States Munitions List.
(b) Exception.--The prohibition under subsection (a) shall not apply to sales, transfers, or export licenses relating to ground-based missile defense systems.
(c) Waiver.--The President may waive the restriction under subsection (a) for items designated under Categories III, VII, and VIII of the United States Munitions List not earlier than 30 days after--
(1) the Secretary of State, in coordination with the Secretary of Defense, submits a written, unclassified certification to the appropriate congressional committees stating that--
(A) such waiver is in the national security interests of the United States;
(B) the Saudi-led coalition, during the 180-day period immediately preceding the date of such certification, has continuously--
(i) honored a complete cessation of hostilities in the Yemen civil war, including ending all air strikes and all offensive ground operations that are not associated with al Qaeda in the Arabian Peninsula or ISIS;
(ii) fully supported, in statements and actions, the work of United Nations Special Envoy Martin Griffiths to find a political solution to the conflict in Yemen; and
(iii) abstained from any actions to restrict, delay, or interfere with the delivery of cargo to or within Yemen unless--
(I) such action was taken exclusively to carry out inspections based on specific intelligence that a cargo shipment contains weapons prohibited under United Nations Security Council Resolution 2216 (2015); and
(II) the Saudi-led coalition timely submitted any reports required under such Resolution after the conclusion of such action; and
(C) Ansar Allah or associated forces, during the 180-day period immediately preceding the date of such certification--
(i) launched missile or unmanned aerial vehicle strikes into Saudi Arabia or the United Arab Emirates;
(ii) conducted ground incursions into the territory of Saudi Arabia or the United Arab Emirates;
(iii) accepted weapons, weapons components, funding, or military training from the Islamic Republic of Iran;
(iv) attacked vessels in the Red Sea; or
(v) prohibited or otherwise restricted, directly or indirectly, the transport or delivery of humanitarian or commercial shipments to and within Yemen; and
(2) the Comptroller General of the United States, not later than 45 days after the submission of the certification under paragraph (1), submits a written, unclassified report to the appropriate congressional committees assessing the responsiveness, completeness, and accuracy of such certification.
(d) Classified Briefing.--If the Secretary of State and the Secretary of Defense determine that Ansar Allah has engaged in any of the actions described in subsection (c)(1)(C), the Secretary of State and the Secretary of Defense shall provide a classified briefing to the appropriate congressional committees not later than 10 days after submitting the certification under subsection (c)(1) to provide details to support such determination.
SEC. 1716. PROHIBITION ON IN-FLIGHT REFUELING OF SAUDI
COALITION AIRCRAFT OPERATING IN YEMEN.
(a) In General.--No Federal funds may be obligated or expended under section 2342 of title 10, United States Code, or under any other applicable statutory authority, to provide in-flight refueling of Saudi or Saudi-led coalition non-United States aircraft conducting missions as part of the ongoing civil war in Yemen.
(b) Report Required.--Not later than 30 days after the date of the enactment of this Act, and every 30 days thereafter, the Secretary of Defense shall submit a report to the appropriate congressional committees detailing--
(1) the expenses incurred by the United States in providing in-flight refueling services for Saudi or Saudi-led coalition non-United States aircraft conducting missions as part of the civil war in Yemen between March 2015 and November 11, 2018; and
(2) the extent to which the expenses referred to in paragraph (1) have been reimbursed by members of the Saudi-led coalition.
(c) Elements.--The report required under subsection (b) shall include--
(1) the total expenses incurred by the United States in providing in-flight refueling services, including fuel, flight hours, and other applicable expenses, to Saudi or Saudi-led coalition, non-United States aircraft conducting missions as part of the civil war in Yemen;
(2) the amount of the expenses described in paragraph (1) that have been reimbursed by each member of the Saudi-led coalition; and
(3) actions taken by the United States to recoup the unreimbursed expenses described in paragraph (1), including any commitments by members of the Saudi-led coalition to reimburse the United States for such expenses.
(d) Sunset.--The reporting requirement under subsection (b) shall cease to be effective on the date on which the Secretary of Defense submits written certification to the appropriate congressional committees that all of the expenses incurred by the United State in providing in-flight refueling services for Saudi or Saudi-led coalition non-United States aircraft conducting missions as part of the civil war in Yemen have been reimbursed.
SEC. 1717. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS
HINDERING HUMANITARIAN ACCESS AND THREATENING
THE PEACE OR STABILITY OF YEMEN.
(a) Sense of Congress.--It is the sense of Congress that the President should continue to implement Executive Order 13611 (77 Fed. Reg. 29533), relating to blocking property of persons threatening the peace, security, or stability of Yemen.
(b) Sanctions Authorized.--Not later than 60 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (c) with respect to each person that the President determines--
(1)(A) is knowingly blocking access to Yemeni ports, ports of entry, or other facilities used by the United Nations, its specialized agencies and implementing partners, national and international nongovernmental organizations, or any other actors engaged in humanitarian relief activities in Yemen; or
(B) is otherwise hindering the efforts of such organizations to deliver humanitarian relief, including through diversion of goods and materials intended to provide relief to civilians in Yemen;
(2)(A) is knowingly threatening the humanitarian actors referred to in paragraph (1)(A); or
(B) is engaging in acts of violence against such actors in Yemen or across conflict lines and borders;
(3) is responsible for actions or policies that are intended to undermine--
(A) the United Nations-led political process to end the conflict in Yemen; or
(B) efforts to promote stabilization and reconstruction in Yemen;
(4) is a successor entity to a person referred to in paragraphs (1) through (3);
(5) owns or controls, or is owned or controlled by, a person referred to in paragraphs (1) through (3);
(6) is acting for or, on behalf of, a person referred to in paragraphs (1) through (3); or
(7) has knowingly provided, or attempted to provide, financial, material, technological, or other support for, or goods or services in support of, a person referred to in paragraphs (1) through (3).
(c) Sanctions Described.--
(1) In general.--The sanctions described in this subsection are the following:
(A) Asset blocking.--In accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the President shall block all transactions in all property and interests in property of a person subject to subsection (a) if such property and interests in property--
(i) are in the United States;
(ii) are transported into the United States; or
(iii) are in, or come into, the possession or control of a United States person.
(B) Aliens ineligible for visas, admission, or parole.--
(i) Exclusion from the united states.--The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien subject to subsection (b).
(ii) Current visas revoked.--
(I) In general.--The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of any such officer or Secretary) shall revoke any visa or other entry documentation issued to an alien subject to subsection (b), regardless of when such visa was issued.
(II) Effect of revocation.--A revocation under subclause
(I) shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the alien's possession.
(2) Inapplicability of national emergency requirement.--The requirements under section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of the imposition of sanctions under this section.
(3) Penalties.--Any person that violates, attempts to violate, conspires to violate, or causes a violation described in subsection (b), or any regulation, license, or order issued to carry out such paragraph, shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of such section.
SEC. 1718. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS
SUPPORTING THE HOUTHIS IN YEMEN.
(a) Determination.--Not later than 30 days after the date of the enactment of this Act, the President shall determine if the Houthi movement (also known as ``Ansar Allah'') has engaged meaningfully in United Nations-led efforts for a comprehensive political settlement that leads to a territorially unified, stable, and independent Yemen.
(b) Sanctions.--If the President is unable to make the determination described in subsection (a), the President shall impose the sanctions described in subsection (c) on any person that the President determines--
(1) has knowingly assisted, sponsored, provided, or attempted to provide significant financial, material, or technological support for, or goods or services in support of, the Houthis movement in Yemen, its successor entities, entities that own or control, or are owned or controlled by, the Houthi movement, or entities acting for, or on behalf of, the Houthi movement;
(2) has knowingly engaged in any activity that materially contributes to the supply, sale, or direct or indirect transfer to or from the Houthi movement in Yemen, its successor entities, entities that own or control, or are owned or controlled by, the Houthi movement, or entities acting for or on behalf of the Houthi movement, of any firearms or ammunition, battle tanks, armored vehicles, artillery or mortar systems, aircraft, attack helicopters, warships, missiles or missile systems, or explosive mines of any type (as such terms are defined for the purpose of the United Nations Register of Conventional Arms), ground-to-air missiles, unmanned aerial vehicles, or related materiel, including spare parts;
(3) has knowingly provided any technical training, financial resources or services, advice, other services or assistance related to the supply, sale, transfer, manufacture, maintenance, or use of arms and related materiel described in paragraph (2) to the Houthi movement in Yemen, its successor entities, entities that own or control, or are owned or controlled by, the Houthi movement, or entities acting for or on behalf of the Houthi movement;
(4) is a successor entity to a person described in paragraph (1), (2), or (3);
(5) is an entity that owns or controls, or is owned or controlled by, a person described in paragraph (1), (2), or
(3); or
(6) is an entity that is acting for, or on behalf of, a person referred to in paragraph (1), (2), or (3).
(c) Sanctions Described.--
(1) In general.--The sanctions described in this subsection are the following:
(A) Asset blocking.--In accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the President shall block all transactions in property, or interests in property, of a person subject to subsection (b) if such property or interests in property--
(i) are in the United States;
(ii) are transported into the United States; or
(iii) are in, or come into, the possession or control of a United States person.
(B) Aliens ineligible for visas, admission, or parole.--
(i) Exclusion from the united states.--The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien subject to subsection (b).
(ii) Current visas revoked.--
(I) In general.--The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of any such officer or Secretary) shall revoke any visa or other entry documentation issued to an alien subject to subsection (b), regardless of when such visa was issued.
(II) Effect of revocation.--A revocation under subclause
(I) shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the alien's possession.
(C) Denial of certain transactions.--Any letter of offer and acceptance, or license to export, any defense article or defense service controlled for export under the Arms Export Control Act (22 U.S.C. 2751 et seq.) or the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.), as continued in force by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), requested by a person described in subsection (b) shall be denied until the date that is 180 days after the date on which the Secretary of State certifies to Congress that any action by such person described in subsection (b) has ceased.
(2) Inapplicability of national emergency requirement.--The requirements under section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of the imposition of sanctions under this section.
(3) Penalties.--Any person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1), (2), or (3) of subsection (b), or any regulation, license, or order issued to carry out such paragraph, shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of such section.
(d) Exception.--The sanctions described in subsection
(c)(1) shall not apply to any act incidental or necessary to the provision of urgently needed humanitarian assistance.
SEC. 1719. GAO REVIEW OF UNITED STATES MILITARY SUPPORT TO
SAUDI-LED COALITION.
(a) Review.--The Comptroller General of the United States shall conduct a review of the United States military support to the Saudi-led coalition that evaluates--
(1) the manner and extent to which the United States military provides support to the Saudi-led coalition;
(2) how the Department of Defense prioritizes aerial refueling capabilities in support of the Saudi-led coalition;
(3) the manner and extent to which the United States has been reimbursed for aerial refueling support of Saudi-led coalition aircraft;
(4) whether and how the Department of Defense determines the extent to which its advice and assistance has reduced civilian casualties and damage to civilian infrastructure, including evaluating a differentiation between dynamic and deliberate targeting by the Saudi-led coalition;
(5) whether and how the Department of Defense determines the efficacy of defensive advice and assistance to the Saudi-led coalition, including with respect to ballistic missiles and other threats to the sovereignty of regional partners; and
(6) the responsiveness, completeness, and accuracy 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).
(b) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall provide the preliminary results of the review conducted under subsection (a) to the appropriate congressional committees.
(c) Final Report.--During the briefing required under subsection (b), the Comptroller General shall notify the appropriate congressional committees when a final report summarizing the results of the review conducted under subsection (a) will be submitted to such committees.
SEC. 1720. EMERGENCY PROTECTION FOR YEMENI CULTURAL PROPERTY.
Section 3 of the Protect and Preserve International Cultural Property Act (Public Law 114-151; 130 Stat. 369) is amended--
(1) in the section heading, by inserting ``and yemeni'' after ``syrian'';
(2) in subsection (a), by inserting ``or Yemen'' after
``Syria'' each place such term appears;
(3) in subsection (b)--
(A) in paragraph (1)(B)(i), by inserting ``or the Government of Yemen'' after ``Government of Syria'';
(B) in paragraph (2)(B)--
(i) by inserting ``or Yemen'' after ``Syria'' each of the first 2 places such term appears; and
(ii) in clause (ii), by inserting ``or the United States and Yemen, as applicable,'' after ``United States and Syria'';
(4) in subsection (c), by inserting ``or Yemen'' after
``Syria'' each place such term appears; and
(5) in subsection (d), by amending paragraph (2) to read as follows:
``(2) Archaeological or ethnological material of syria or yemen.--The term `archaeological or ethnological material of Syria or Yemen' means cultural property (as defined in section 302 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2601)) that--
``(A) is unlawfully removed from Syria on or after March 15, 2011; or
``(B) is unlawfully removed from Yemen on or after March 15, 2015.''.
Subtitle B--Saudi Arabia Accountability
SEC. 1731. IMPOSITION OF SANCTIONS ON PERSONS RESPONSIBLE FOR
THE DEATH OF JAMAL KHASHOGGI.
(a) In General.--Section 1263 of the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``(b)'' and inserting ``(c)'';
(2) by redesignating subsections (b) through (j) as subsections (c) through (k), respectively;
(3) by inserting after subsection (a) the following:
``(b) Jamal Khashoggi.--Not later than 30 days after the date of the enactment of the Saudi Arabia Accountability and Yemen Act of 2019, the President shall impose the sanctions described in subsection (c) with respect to any foreign person, including any official of the government of Saudi Arabia or member of the royal family of Saudi Arabia that the President determines, based on credible evidence--
``(1) was responsible for, or complicit in, ordering, controlling, or otherwise directing an act or acts contributing to or causing the death of Jamal Khashoggi; or
``(2) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of an activity described in paragraph
(1).'';
(4) in subsection (d), as redesignated, in the matter preceding paragraph (1), by inserting ``or (b)'' after
``subsection (a)'';
(5) in subsection (f), as redesignated, by striking
``subsection (b)(1)'' and inserting ``subsection (c)(1)'';
(6) in subsection (j), as redesignated, by inserting ``or
(b)'' after ``subsection (a)''; and
(7) in subsection (k), as redesignated, by striking paragraphs (1) and (2) and inserting the following:
``(1) the Committee on Foreign Relations of the Senate;
``(2) the Committee on Banking, Housing, and Urban Affairs of the Senate;
``(3) the Committee on Foreign Affairs of the House of Representatives;
``(4) the Committee on Financial Services of the House of Representatives; and
``(5) the Committee on Ways and Means of the House of Representatives.''.
(b) Briefings.--Not later than 15 days after the date of the enactment of this Act, and every 45 days thereafter, the Secretary of State, in conjunction with the Secretary of the Treasury and the Director of National Intelligence, shall provide a briefing to the appropriate congressional committees (as defined in section 1263(k) of the Global Magnitsky Human Rights Accountability Act, as amended by subsection (a)(7)) regarding the implementation of the amendment made by subsection (a)(3).
SEC. 1732. REPORT ON SAUDI ARABIA'S HUMAN RIGHTS RECORD.
Not later than 30 days after the date of the enactment of this Act, the Secretary of State, in accordance with section 502B(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(c)), shall submit an unclassified, written report to Congress that--
(1) includes the information required under such section 502B(c);
(2) describes the extent to which officials of the Government of Saudi Arabia, including members of the military or security services, are responsible for or complicit in gross violations of internationally recognized human rights, including violations of the human rights of journalists, bloggers, and those who support women's rights or religious freedom;
(3) describes the extent to which the Government of Saudi Arabia--
(A) has knowingly blocked access to Yemeni ports, ports of entry, or other facilities used by the United Nations, its specialized agencies and implementing partners, national and international nongovernmental organizations, or any other actors engaged in humanitarian relief activities in Yemen;
(B) has hindered the efforts of the organizations referred to in subparagraph (A) to deliver humanitarian relief, including through diversion of goods and materials intended to provide relief to civilians in Yemen;
(C) has prohibited or directly or indirectly restricted the transport or delivery of United States humanitarian assistance to Yemen; and
(D) complied with the Secretary of State's statement on October 30, 2018, related to ``ending the conflict in Yemen''; and
(4) identifies the percentage by which civilian casualties and deaths, respectively, increased as a result of Saudi coalition air strikes in Yemen between November 2017 and August 2018.
Subtitle C--General Provisions
SEC. 1741. RULE OF CONSTRUCTION.
Nothing in this title may be construed to limit the authority of the President pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
SEC. 1742. SUNSET.
This title shall cease to be effective on the date that is 5 years after the date of the enactment of this Act.
______
SA 294. Mr. MENENDEZ submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. SUSPENSION OF ARMS SALES TO SAUDI ARABIA AND THE
UNITED ARAB EMIRATES NOT REVIEWED BY CONGRESS.
(a) In General.--Any letter of offer, license, or approval issued pursuant to the Arms Export Control Act (22 U.S.C. 2751 et seq.) primarily in relation to Saudi Arabia or the United Arab Emirates is terminated as of the date of enactment of this Act if such letter of offer, license, or approval is related to a determination of the existence of an emergency under section 3(d)(2) of the Arms Export Control Act (22 U.S.C. 2753(d)(2)) or subsection (b)(1), (c)(2), or
(d)(2) of section 36 of such Act (22 U.S.C. 2776). All exports, re-exports, transfers, and re-transfers pursuant to any such letter of offer, license, or approval are prohibited.
(b) Resubmission.--Any letter of offer, license, or approval terminated pursuant to subsection (a) may be resubmitted to Congress in accordance with section 3 or 36 of the Arms Export Control Act (22 U.S.C. 2753 and 2776).
______
SA 295. Mr. MENENDEZ submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. PROTECTION OF CONGRESSIONAL REVIEW AND OVERSIGHT OF
ARMS SALES TO SAUDI ARABIA AND OTHER COUNTRIES.
Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended by adding at the end the following:
``(j) Determination of an Emergency.--Notwithstanding any other provision of this Act related to a determination of an emergency to waive congressional review of proposed letters of offer, licenses, or approvals--
``(1) a determination pursuant to subsection (b)(1),
(c)(2), or (d)(2) or section 3(d)(2) that an emergency exists--
``(A) shall apply only to the North Atlantic Treaty Organization, any member country of the North Atlantic Treaty Organization, Australia, Japan, the Republic of Korea, Israel, and New Zealand; and
``(B) shall not be valid for any country whose government is negotiating, or has conducted, a significant transaction described in section 231 of the Countering America's Adversaries Through Sanctions Act (22 U.S.C. 9525);
``(2) the President--
``(A) shall submit a determination and detailed justification for each letter of offer, license, or approval subject to an emergency determination; and
``(B) shall include a specific and detailed description of how such waiver of the congressional review requirements directly responds to or addresses the circ*mstances of the emergency cited in the determination; and
``(3) the determination described in paragraph (2)(A) shall only be available for a certification for a letter of offer, license, or approval for defense articles or defense services--
``(A) that directly respond to or counter a physical security threat; and
``(B) 75 percent of which will be delivered not later than 2 months after the date of such determination.''.
______
SA 296. Mr. MENENDEZ submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. SAFE ACT.
(a) Short Titles.--This section may be cited as the ``Saudi Arabia False Emergencies Act'' or the ``SAFE Act''.
(b) Suspension of Arms Sales to Saudi Arabia and the United Arab Emirates Not Reviewed by Congress.--
(1) In general.--Any letter of offer, license, or approval issued pursuant to the Arms Export Control Act (22 U.S.C. 2751 et seq.) primarily in relation to Saudi Arabia or the United Arab Emirates is terminated as of the date of enactment of this Act if such letter of offer, license, or approval is related to a determination of the existence of an emergency under section 3(d)(2) of the Arms Export Control Act (22 U.S.C. 2753(d)(2)) or subsection (b)(1), (c)(2), or
(d)(2) of section 36 of such Act (22 U.S.C. 2776). All exports, re-exports, transfers, and re-transfers pursuant to any such letter of offer, license, or approval are prohibited.
(2) Resubmission.--Any letter of offer, license, or approval terminated pursuant to paragraph (1) may be resubmitted to Congress in accordance with section 3 or 36 of the Arms Export Control Act (22 U.S.C. 2753 and 2776), as amended by subsection (c).
(c) Protection of Congressional Review and Oversight of Arms Sales to Saudi Arabia and Other Countries.--Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended by adding at the end the following:
``(j) Determination of an Emergency.--Notwithstanding any other provision of this Act related to a determination of an emergency to waive congressional review of proposed letters of offer, licenses, or approvals--
``(1) a determination pursuant to subsection (b)(1),
(c)(2), or (d)(2) or section 3(d)(2) that an emergency exists--
``(A) shall apply only to the North Atlantic Treaty Organization, any member country of the North Atlantic Treaty Organization, Australia, Japan, the Republic of Korea, Israel, and New Zealand; and
``(B) shall not be valid for any country whose government is negotiating, or has conducted, a significant transaction described in section 231 of the Countering America's Adversaries Through Sanctions Act (22 U.S.C. 9525);
``(2) the President--
``(A) shall submit a determination and detailed justification for each letter of offer, license, or approval subject to an emergency determination; and
``(B) shall include a specific and detailed description of how such waiver of the congressional review requirements directly responds to or addresses the circ*mstances of the emergency cited in the determination; and
``(3) the determination described in paragraph (2)(A) shall only be available for a certification for a letter of offer, license, or approval for defense articles or defense services--
``(A) that directly respond to or counter a physical security threat; and
``(B) 75 percent of which will be delivered not later than 2 months after the date of such determination.''.
______
SA 297. Mr. MENENDEZ submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. TRANSPARENCY.
(a) Defined Term.--In this section, the term ``climate security'' means the effects of climate change on--
(1) United States national security concerns and subnational, national, and regional political stability; and
(2) overseas security and conflict situations that are potentially exacerbated by dynamic environmental factors and events, including--
(A) the intensification and frequency of droughts, floods, wildfires, tropical storms, and other extreme weather events;
(B) changes in historical severe weather, drought, and wildfire patterns;
(C) the expansion of geographical ranges of droughts, floods, and wildfires into regions that had not regularly experienced such phenomena;
(D) global sea level rise patterns and the expansion of geographical ranges affected by drought; and
(E) changes in marine environments that effect critical geostrategic waterways, such as the Arctic Ocean, the South China Sea, the South Pacific Ocean, the Barents Sea, and the Beaufort Sea.
(b) In General.--Any commission, advisory panel, or committee designated by the President to examine or evaluate climate security shall comply with the Federal Advisory Committee Act (5 U.S.C. App.).
(c) Whistleblower Protections.--Section 2302(b)(8)(A) of title 5, United States Code, is amended--
(1) in clause (i), by striking ``, or'' and inserting a semicolon;
(2) by redesignating clause (ii) as clause (iii); and
(3) by inserting after clause (i) the following:
``(ii) a deliberate manipulation, misjudgment, removal, or obfuscation of, or failure to take into account, data and information critical to fulsome or accurate national security assessment and planning; or''.
(d) Accessibility of Processes.--The President shall ensure that the draft and final reports, studies, and policy recommendations relating to climate security research that are compiled by entities working under the direction of the Federal Government are made available to the public.
______
SA 298. Mr. MENENDEZ submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. ENHANCING UNITED STATES INTELLIGENCE ON GLOBAL
CLIMATE DISRUPTIONS.
(a) In General.--The Secretary of State, in cooperation with other relevant agencies, shall conduct periodic comprehensive evaluations of present and ongoing disruptions to the global climate system, including--
(1) the intensity, frequency, and range of natural disasters;
(2) the scarcity of global natural resources, including fresh water;
(3) global food, health, and energy insecurities;
(4) conditions that contribute to--
(A) intrastate and interstate conflicts;
(B) foreign political and economic instability;
(C) international migration of vulnerable and underserved populations;
(D) the failure of national governments; and
(E) gender-based violence; and
(5) United States and allied military readiness, operations, and strategy.
(b) Purposes.--The purposes of the evaluations conducted under subsection (a) are--
(1) to support the practical application of scientific data and research on climate change's dynamic effects around the world to improve resilience, adaptability, security, and stability despite growing global environmental risks and changes;
(2) to ensure that the strategic planning and mission execution of United States international development and diplomatic missions adequately account for heightened and dynamic risks and challenges associated with the effects of climate change;
(3) to improve coordination between United States science agencies conducting research and forecasts on the causes and effects of climate change and United States national security agencies; and
(4) to better understand the disproportionate effects of global climate disruptions on women, girls, indigenous communities, and other historically marginalized populations.
(c) Scope.--The evaluations conducted under subsection (a) shall--
(1) examine developing countries' vulnerabilities and risks associated with global, regional, and localized effects of climate change; and
(2) assess and make recommendations on necessary measures to mitigate risks and reduce vulnerabilities associated with effects, including--
(A) sea level rise;
(B) freshwater resource scarcity;
(C) wildfires; and
(D) increased intensity and frequency of extreme weather conditions and events, such as flooding, drought, and extreme storm events, including tropical cyclones.
______
SA 299. Mr. MENENDEZ submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Subtitle __--U.S. Agency for Global Media
SEC. __1. SHORT TITLE.
This subtitle may be cited as the ``U.S. Agency for Global Media Reform Act''.
SEC. __2. 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) take 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.
SEC. __3. 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), by inserting at the end the following:
``(23)(A) To require semi-annual content reviews of each language service of each surrogate network, consisting of a review of at least 10 percent of available material, by fluent language speakers and experts without direct affiliation to the network and language being reviewed, who are seeking any evidence of inappropriate or unprofessional content, which shall be submitted to the Chief Executive Officer; and
``(B) to submit a list of anomalous reports to the appropriate congressional committees, including status updates on anomalous services during the 3-year period commencing on the date of receipt of the first report of biased, unprofessional, or otherwise problematic content.''; and
(2) by adding at the end the following:
``(c) Limitation on Corporate Leadership of Grantees.--The Chief Executive Officer may not award any grant under subsection (a) to RFE/RL, Inc., Radio Free Asia, the Middle East Broadcasting Networks, or any other statutorily authorized grantee (collectively referred to as the `Agency Grantee Networks') unless the incorporation documents of the grantee require that the corporate leadership and Board of Directors of the grantee be selected in accordance with this Act.''.
SEC. __4. 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.
``(b) Retention of Existing Broadcasting Board of Governors Members.--The presidentially appointed and Senate-confirmed members of the Board of the Broadcasting Board of Governors who were serving as of December 23, 2016, shall--
``(1) constitute the first Advisory Board; and
``(2) hold office until replaced without reappointment to the Advisory Board.
``(c) Composition of the Advisory Board.--
``(1) In general.--The Advisory Board shall consist of 7 members, of whom--
``(A) 6 shall be appointed by the President, by and with the advice and consent of the Senate, in accordance with subsection (d); and
``(B) 1 shall be the Secretary of State.
``(2) Chair.--The President shall designate, with the advice and consent of the Senate 1 of the members appointed under paragraph (1)(A) as Chair of the Advisory Board.
``(3) Party limitation.--Not more than 3 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 4 years, except that, of the first group of members appointed under paragraph (1)(A)--
``(i) 2 members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 2 years after the date of the enactment of the U.S. Agency for Global Media Reform Act;
``(ii) 2 members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 4 years after the date of the enactment of the U.S. Agency for Global Media Reform Act; and
``(iii) 2 members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 6 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 continual 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) in subsection (d)--
(A) in the subsection heading, by inserting ``Advisory'' before ``Board''; and
(B) in paragraph (2), by inserting ``who are'' before
``distinguished''; and
(3) by striking subsections (e) and (f) and inserting the following:
``(e) 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 twice annually 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 (d)(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.
``(f) Appointment of Heads of Networks.--
``(1) In general.--The head of Voice of America, of the Office of Cuba Broadcasting, of RFE/RL, Inc., of Radio Free Asia, of the Middle East Broadcasting Networks, or of any other statutorily authorized grantee 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, 5 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 4 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.
``(g) 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).
``(h) 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 (e) and (f).''.
SEC. __5. 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), 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) in section 313(a), in the matter preceding paragraph
(1), strike ``Board'' and insert ``Agency'';
(9) in section 314, 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
(10) in section 315--
(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''.
______
SA 300. Mr. MANCHIN (for himself, Mrs. Capito, and Mr. Romney) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title V, add the following:
SEC. 589. HONORING THE LAST SURVIVING MEDAL OF HONOR
RECIPIENT OF WORLD WAR II.
(a) Use of Rotunda.--The individual who is the last surviving recipient of the Medal of Honor for acts performed during World War II shall be permitted to lie in state in the rotunda of the Capitol upon death, if the individual (or the next of kin of the individual) so elects.
(b) Implementation.--The Architect of the Capitol, under the direction of the President pro tempore of the Senate and the Speaker of the House of Representatives, shall take the necessary steps to implement subsection (a).
______
SA 301. Mr. MANCHIN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. AMERICAN MINERS ACT OF 2019.
(a) Transfers to 1974 UMWA Pension Plan.--
(1) In general.--Subsection (i) of section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended--
(A) in paragraph (3)(A), by striking ``$490,000,000'' and inserting ``$750,000,000'';
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following:
``(4) Additional amounts.--
``(A) Calculation.--If the dollar limitation specified in paragraph (3)(A) exceeds the aggregate amount required to be transferred under paragraphs (1) and (2) for a fiscal year, the Secretary of the Treasury shall transfer an additional amount equal to the difference between such dollar limitation and such aggregate amount to the trustees of the 1974 UMWA Pension Plan to pay benefits required under that plan.
``(B) Cessation of transfers.--The transfers described in subparagraph (A) shall cease as of the first fiscal year beginning after the first plan year for which the funded percentage (as defined in section 432(j)(2) of the Internal Revenue Code of 1986) of the 1974 UMWA Pension Plan is at least 100 percent.
``(C) Prohibition on benefit increases, etc.--During a fiscal year in which the 1974 UMWA Pension Plan is receiving transfers under subparagraph (A), no amendment of such plan which increases the liabilities of the plan by reason of any increase in benefits, any change in the accrual of benefits, or any change in the rate at which benefits become nonforfeitable under the plan may be adopted unless the amendment is required as a condition of qualification under part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986.
``(D) Treatment of transfers for purposes of withdrawal liability under erisa.--The amount of any transfer made under subparagraph (A) (and any earnings attributable thereto) shall be disregarded in determining the unfunded vested benefits of the 1974 UMWA Pension Plan and the allocation of such unfunded vested benefits to an employer for purposes of determining the employer's withdrawal liability under section 4201 of the Employee Retirement Income Security Act of 1974.
``(E) Requirement to maintain contribution rate.--A transfer under subparagraph (A) shall not be made for a fiscal year unless the persons that are obligated to contribute to the 1974 UMWA Pension Plan on the date of the transfer are obligated to make the contributions at rates that are no less than those in effect on the date which is 30 days before the date of enactment of the National Defense Authorization Act for Fiscal Year 2020.
``(F) Enhanced annual reporting.--
``(i) In general.--Not later than the 90th day of each plan year beginning after the date of enactment of the National Defense Authorization Act for Fiscal Year 2020, the trustees of the 1974 UMWA Pension Plan shall file with the Secretary of the Treasury or the Secretary's delegate and the Pension Benefit Guaranty Corporation a report (including appropriate documentation and actuarial certifications from the plan actuary, as required by the Secretary of the Treasury or the Secretary's delegate) that contains--
``(I) whether the plan is in endangered or critical status under section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 as of the first day of such plan year;
``(II) the funded percentage (as defined in section 432(j)(2) of such Code) as of the first day of such plan year, and the underlying actuarial value of assets and liabilities taken into account in determining such percentage;
``(III) the market value of the assets of the plan as of the last day of the plan year preceding such plan year;
``(IV) the total value of all contributions made during the plan year preceding such plan year;
``(V) the total value of all benefits paid during the plan year preceding such plan year;
``(VI) cash flow projections for such plan year and either the 6 or 10 succeeding plan years, at the election of the trustees, and the assumptions relied upon in making such projections;
``(VII) funding standard account projections for such plan year and the 9 succeeding plan years, and the assumptions relied upon in making such projections;
``(VIII) the total value of all investment gains or losses during the plan year preceding such plan year;
``(IX) any significant reduction in the number of active participants during the plan year preceding such plan year, and the reason for such reduction;
``(X) a list of employers that withdrew from the plan in the plan year preceding such plan year, and the resulting reduction in contributions;
``(XI) a list of employers that paid withdrawal liability to the plan during the plan year preceding such plan year and, for each employer, a total assessment of the withdrawal liability paid, the annual payment amount, and the number of years remaining in the payment schedule with respect to such withdrawal liability;
``(XII) any material changes to benefits, accrual rates, or contribution rates during the plan year preceding such plan year;
``(XIII) any scheduled benefit increase or decrease in the plan year preceding such plan year having a material effect on liabilities of the plan;
``(XIV) details regarding any funding improvement plan or rehabilitation plan and updates to such plan;
``(XV) the number of participants and beneficiaries during the plan year preceding such plan year who are active participants, the number of participants and beneficiaries in pay status, and the number of terminated vested participants and beneficiaries;
``(XVI) the information contained on the most recent annual funding notice submitted by the plan under section 101(f) of the Employee Retirement Income Security Act of 1974;
``(XVII) the information contained on the most recent Department of Labor Form 5500 of the plan; and
``(XVIII) copies of the plan document and amendments, other retirement benefit or ancillary benefit plans relating to the plan and contribution obligations under such plans, a breakdown of administrative expenses of the plan, participant census data and distribution of benefits, the most recent actuarial valuation report as of the plan year, copies of collective bargaining agreements, and financial reports, and such other information as the Secretary of the Treasury or the Secretary's delegate, in consultation with the Secretary of Labor and the Director of the Pension Benefit Guaranty Corporation, may require.
``(ii) Electronic submission.--The report required under clause (i) shall be submitted electronically.
``(iii) Information sharing.--The Secretary of the Treasury or the Secretary's delegate shall share the information in the report under clause (i) with the Secretary of Labor.
``(iv) Penalty.--Any failure to file the report required under clause (i) on or before the date described in such clause shall be treated as a failure to file a report required to be filed under section 6058(a) of the Internal Revenue Code of 1986, except that section 6652(e) of such Code shall be applied with respect to any such failure by substituting `$100' for `$25'. The preceding sentence shall not apply if the Secretary of the Treasury or the Secretary's delegate determines that reasonable diligence has been exercised by the trustees of such plan in attempting to timely file such report.
``(G) 1974 umwa pension plan defined.--For purposes of this paragraph, the term `1974 UMWA Pension Plan' has the meaning given the term in section 9701(a)(3) of the Internal Revenue Code of 1986, but without regard to the limitation on participation to individuals who retired in 1976 and thereafter.''.
(2) Effective dates.--
(A) In general.--The amendments made by this subsection shall apply to fiscal years beginning after September 30, 2016.
(B) Reporting requirements.--Section 402(i)(4)(F) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(i)(4)(F)), as added by this subsection, shall apply to plan years beginning after the date of the enactment of this Act.
(b) Inclusion in Multiemployer Health Benefit Plan.--Section 402(h)(2)(C) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)) is amended--
(1) by striking ``the Health Benefits for Miners Act of 2017'' both places it appears in clause (ii) and inserting
``the National Defense Authorization Act for Fiscal Year 2020'';
(2) by striking ``, would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012 or 2015'' in clause (ii)(II) and inserting ``or a related coal wage agreement, would be denied or reduced as a result of a bankruptcy proceeding commenced in 2012, 2015, or 2018'';
(3) by striking ``January 1, 2017'' in clause (ii) and inserting ``January 1, 2018''; and
(4) by adding at the end the following new clause:
``(vi) Related coal wage agreement.--For purposes of clause
(ii), the term `related coal wage agreement' means an agreement between the United Mine Workers of America and an employer in the bituminous coal industry that--
``(I) is a signatory operator; or
``(II) is or was a debtor in a bankruptcy proceeding that was consolidated, administratively or otherwise, with the bankruptcy proceeding of a signatory operator or a related person to a signatory operator (as those terms are defined in section 9701(c) of the Internal Revenue Code of 1986).''.
(c) Reduction in Minimum Age for Allowable In-service Distributions.--
(1) In general.--Section 401(a)(36) of the Internal Revenue Code of 1986 is amended by striking ``age 62'' and inserting
``age 59\1/2\''.
(2) Application to governmental section 457(b) plans.--Clause (i) of section 457(d)(1)(A) of the Internal Revenue Code of 1986 is amended by inserting ``(in the case of a plan maintained by an employer described in subsection (e)(1)(A), age 59\1/2\)'' before the comma at the end.
(3) Effective date.--The amendments made by this subsection shall apply to plan years beginning after December 31, 2017.
(d) Black Lung Liability Trust Fund Excise Tax.--
(1) In general.--Section 4121(e)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2018'' and inserting ``December 31, 2028''.
(2) Effective date.--The amendment made by this subsection shall apply to sales after December 31, 2018.
______
SA 302. Mr. MANCHIN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VIII, add the following:
SEC. 811. MODIFICATION TO BERRY AMENDMENT TO ADD DINNERWARE
TO LIST OF COVERED ITEMS.
Section 2533a(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
``(3) Ceramic dinnerware.''.
______
SA 303. Mr. REED submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the following:
SEC. 12__. UPDATED STRATEGY TO COUNTER THE THREAT OF MALIGN
INFLUENCE BY THE RUSSIAN FEDERATION AND OTHER
COUNTRIES.
(a) In General.--The Secretary of Defense and the Secretary of State, in coordination with the appropriate United States Government officials, shall jointly update, with the additional elements described in subsection (b), the comprehensive strategy to counter the threat of malign influence developed pursuant to section 1239A of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1667).
(b) Additional Elements.--The updated strategy required under subsection (a) shall include the following:
(1) With respect to each element specified in paragraphs
(1) through (7) of subsection (b) of such section 1239A, actions to counter the threat of malign influence operations by the People's Republic of China and any other country engaged in significant malign influence operations.
(2) A description of the interagency organizational structures and procedures for coordinating the implementation of the comprehensive strategy for countering malign influence by the Russian Federation, the People's Republic of China, and any other country engaged in significant malign influence operations.
(c) 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 to the appropriate committees of Congress a report detailing the updated strategy required under subsection (a).
(d) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' has the meaning given the term in subsection (e) of such section 1239A.
______
SA 304. Mr. BLUMENTHAL (for himself, Mr. Schumer, Mrs. Gillibrand, and Mr. Murphy) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1___. REPEAL OF REQUIREMENT TO SELL CERTAIN FEDERAL
PROPERTY IN PLUM ISLAND, NEW YORK.
(a) Repeal of Requirement in Public Law 110-329.--Section 540 of the Department of Homeland Security Appropriations Act, 2009 (division D of Public Law 110-329; 122 Stat. 3688) is repealed.
(b) Repeal of Requirement in Public Law 112-74.--Section 538 of the Department of Homeland Security Appropriations Act, 2012 (6 U.S.C. 190 note; division D of Public Law 112-74) is repealed.
______
SA 305. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. REPORT ON DEATH OF JAMAL KHASHOGGI.
(a) In General.--Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report on the death of Jamal Khashoggi. Such report shall include identification of those who carried out, participated in, ordered, or were otherwise complicit in or responsible for the death of Jamal Khashoggi.
(b) Form.--The report submitted under subsection (a) shall be submitted in unclassified form.
______
SA 306. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XVI, add the following:
SEC. ____. REQUIREMENT FOR FULL-DISK ENCRYPTION OF NATIONAL
SECURITY SYSTEMS.
(a) Requirement.--Not later than 180 days after the date of the enactment of this Act, the Committee on National Security Systems shall update Committee on National Security Systems Instruction Number 1253 entitled ``Security Categorization and Control Selection for National Security Systems'' to require that each national security system be configured to protect, with full-disk encryption, all information stored at rest on that system unless the head of the entity responsible for that system obtains a written waiver of such requirement from both the Chief Information Security Officer of the Department of Defense and the Chief Information Security Officer of the National Security Agency.
(b) Notice.--In any case in which the Chief Information Security Officer of the Department of Defense and the Chief Information Security Officer of the National Security Agency both provide waivers for a national security system under subsection (a) for a national security system, such chief information security officers shall, not later than 30 days after both waivers have been issued, jointly submit to the appropriate committees of Congress copies of such waivers.
(c) Definition of Appropriate Committees of Congress.--In this section, the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(2) the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Committee on Homeland Security of the House of Representatives.
______
SA 307. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1086. PRESERVING AMERICAN JUSTICE.
(a) Short Title.--This section may be cited as the
``Preserving American Justice Act''.
(b) Investigation of Certain Foreign Nationals.--
(1) Investigation.--Not later than 90 days after the date of enactment of this Act, the Attorney General shall complete an investigation of whether the Government of Saudi Arabia materially assisted or facilitated any citizen or national of Saudi Arabia, including Abdulrahman Noorah, Abdulaziz Al Duways, Waleed Ali Alharthi, Suliman Ali Algwaiz, and Ali Hussain Alhamoud, in departing from the United States while the citizen or national was awaiting trial or sentencing for a criminal offense committed in the United States.
(2) Report.--If the Attorney General determines that the Government of Saudi Arabia did materially assist or facilitate a citizen or national of Saudi Arabia as described in paragraph (1), the Attorney General shall submit a written report to Congress and the Secretary of State detailing the findings of the investigation.
(3) Prohibition on issuance and revocation of certain visas.--
(A) In general.--Except as provided under subparagraph (B), if the Secretary of State receives a report under paragraph (2), the Secretary of State may not issue a visa, and shall revoke any visa issued, to a Member of the Council of Ministers of Saudi Arabia, an immediate family member of a Member of the Council of Ministers of Saudi Arabia, a descendant of the King of Saudi Arabia, or an immediate family member of such a descendant until the date on which the citizen or national of Saudi Arabia described in the report is extradited to the United States for completion of the trial or sentencing.
(B) Exception.--The Secretary of State may issue a visa otherwise prohibited under subparagraph (A), or not revoke a visa otherwise required to be revoked under such subparagraph, if the Secretary determines that it is necessary--
(i) to enable the President to receive an Ambassador or other public Minister under Article II, section 3, of the Constitution in a manner consistent with the Vienna Conventions on Diplomatic and Consular Relations; or
(ii) 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 with any other applicable international obligations.
(C) Vienna conventions on diplomatic and consular relations defined.--In this paragraph, the term ``Vienna Conventions on Diplomatic and Consular Relations'' means--
(i) the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961; and
(ii) the Vienna Convention on Consular Relations, done at Vienna April 24, 1963.
(c) Treatment of Foreign Nationals Fleeing the United States During Criminal Proceedings.--
(1) Foreign national defined.--In this subsection, the term
``foreign national'' means an individual in the United States who is not a citizen of the United States.
(2) Report.--Not later than 6 months after the date of enactment of this Act, and once every year thereafter, the Attorney General, acting through the Director of the Bureau of Justice Statistics, in coordination with the Secretary of Homeland Security, shall--
(A) collect information from State courts and law enforcement agencies on any foreign nationals who have, during the reporting period, departed from the United States while awaiting trial or sentencing for a criminal offense committed in the United States; and
(B) publish a report based on the information collected under subparagraph (A).
(3) List of countries.--
(A) In general.--The Attorney General, in coordination with the Director of National Intelligence, shall establish and maintain a list of countries the governments of which have, in the determination of the Attorney General, materially assisted or facilitated the departure of any foreign national included in the report required under paragraph (2).
(B) Determination.--In establishing and maintaining the list required under subparagraph (A), the Attorney General--
(i) shall take into account the information in the annual reports published under paragraph (2)(B); and
(ii) may include or remove any country as the Attorney General determines appropriate.
(C) Report to congress.--Not later than 1 year after the date of enactment of this Act, and once every year thereafter, the Attorney General shall submit to Congress a report on the procedures used by the Attorney General in determining which countries are on the list maintained under subparagraph (A).
(4) Loss of tax exclusion for foreign governments included on list.--Section 892 of the Internal Revenue Code of 1986 is amended--
(A) by redesignating subsection (c) as subsection (d); and
(B) by inserting after subsection (b) the following:
``(c) Exception.--Subsection (a)(1) shall not apply to any foreign government which is identified on the list maintained by the Attorney General pursuant to subsection (c)(3) of the Preserving American Justice Act for any period beginning with the date that is 30 days after the date such foreign government is added to such list and ending with the date such foreign government is removed from such list.''.
______
SA 308. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VII, add the following:
SEC. 718. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN
MEDICAL TRAINING.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense has made impressive strides in the development and use of methods of medical training and troop protection, such as the use of tourniquets and improvements in body armor, that have led to decreased battlefield fatalities.
(2) The Department of Defense uses more than 8,500 live animals each year to train physicians, medics, corpsmen, and other personnel methods of responding to severe battlefield injuries.
(3) The civilian sector has almost exclusively phased in the use of superior human-based training methods for numerous medical procedures currently taught in military courses using animals.
(4) Human-based medical training methods such as simulators replicate human anatomy and can allow for repetitive practice and data collection.
(5) According to scientific, peer-reviewed literature, medical simulation increases patient safety and decreases errors by healthcare providers.
(6) The Army Research, Development and Engineering Command and other entities of the Department of Defense have taken significant steps to develop methods to replace live animal-based training.
(7) According to the report by the Department of Defense titled ``Final Report on the use of Live Animals in Medical Education and Training Joint Analysis Team'', published on July 12, 2009--
(A) validated, high-fidelity simulators were to have been available for nearly every high-volume or high-value battlefield medical procedure by the end of 2011, and many were available as of 2009; and
(B) validated, high-fidelity simulators were to have been available to teach all other procedures to respond to common battlefield injuries by 2014.
(8) The Center for Sustainment of Trauma and Readiness Skills of the Air Force exclusively uses human-based training methods in its courses and does not use animals.
(9) In 2013, the Army instituted a policy forbidding non-medical personnel from participating in training courses involving the use of animals.
(10) In 2013, the medical school of the Department of Defense, part of the Uniformed Services University of the Health Sciences, replaced animal use within its medical student curriculum.
(11) The Coast Guard announced in 2014 that it would reduce by half the number of animals it uses for combat trauma training courses but stated that animals would continue to be used in courses designed for Department of Defense personnel.
(12) Effective January 1, 2015, the Department of Defense replaced animal use in six areas of medical training, including Advanced Trauma Life Support courses and the development and maintenance of surgical and critical care skills for field operational surgery and field assessment and skills tests for international students offered at the Defense Institute of Medical Operations.
(b) Requirement.--
(1) In general.--Chapter 101 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 2017. Use of human-based methods for certain medical training
``(a) Combat Trauma Injuries.--(1) Not later than October 1, 2020, the Secretary of Defense shall develop, test, and validate human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries with the goal of replacing live animal-based training methods.
``(2) Not later than October 1, 2022, the Secretary--
``(A) shall only use human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries; and
``(B) may not use animals for such purpose.
``(b) Exception for Particular Commands and Training Methods.--(1) The Secretary may exempt a particular command, particular training method, or both, from the requirement for human-based training methods under subsection (a)(2) if the Secretary determines that human-based training methods will not provide an educationally equivalent or superior substitute for live animal-based training methods for such command or training method, as the case may be.
``(2) Any exemption under this subsection shall be for such period, not more than one year, as the Secretary shall specify in granting the exemption. Any exemption may be renewed (subject to the preceding sentence).
``(c) Annual Reports.--(1) Not later than October 1, 2018, and each year thereafter, the Secretary shall submit to the congressional defense committees a report on the development and implementation of human-based training methods for the purpose of training members of the armed forces in the treatment of combat trauma injuries under this section.
``(2) Each report under this subsection on or after October 1, 2022, shall include a description of any exemption under subsection (b) that is in force at the time of such report, and a current justification for such exemption.
``(d) Definitions.--In this section:
``(1) The term `combat trauma injuries' means severe injuries likely to occur during combat, including--
``(A) hemorrhage;
``(B) tension pneumothorax;
``(C) amputation resulting from blast injury;
``(D) compromises to the airway; and
``(E) other injuries.
``(2) The term `human-based training methods' means, with respect to training individuals in medical treatment, the use of systems and devices that do not use animals, including--
``(A) simulators;
``(B) partial task trainers;
``(C) moulage;
``(D) simulated combat environments;
``(E) human cadavers; and
``(F) rotations in civilian and military trauma centers.
``(3) The term `partial task trainers' means training aids that allow individuals to learn or practice specific medical procedures.''.
(2) Clerical amendment.--The table of sections at the beginning of chapter 101 of such title is amended by adding at the end the following new item:
``2017. Use of human-based methods for certain medical training.''.
______
SA 309. Mr. PERDUE submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
SEC. 1008. INCLUSION OF PROGRESS OF THE DEPARTMENT OF DEFENSE
IN ACHIEVING AUDITABLE FINANCIAL STATEMENTS IN
ANNUAL REPORTS ON THE FINANCIAL IMPROVEMENT AND
AUDIT REMEDIATION PLAN.
Section 240b(b)(1)(B) of title 10, United States Code, is amended by adding at the end the following new clause:
``(ix) A ranking each of the military departments and Defense Agency in order of its current progress in achieving auditable financial statements as required by law, and for each military department or Defense Agency that is so ranked in the bottom quartile, separate information from the head of such department or Defense Agency on the following:
``(I) A description of the material weaknesses of such military department or Defense Agency in achieving auditable financial statements.
``(II) The underlying causes of each such weakness.
``(III) A plan for remediating each such weakness.''.
______
SA 310. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VII, add the following:
SEC. 718. PRESERVATION OF RESOURCES OF THE ARMY MEDICAL
RESEARCH AND MATERIEL COMMAND AND TREATMENT OF
REALIGNMENT OF SUCH COMMAND.
(a) In General.--The Secretary of Defense shall preserve the resources of the Army Medical Research and Materiel Command for use by such command, which shall include manpower and funding, as such command realigns with the Army Futures Command in 2019 and the Defense Health Agency in 2020.
(b) Transfer of Funds.--Upon completion of the realignment described in subsection (a), all amounts available for the Army Medical Research and Materiel Command, at the baseline for such amounts for fiscal year 2019, shall be transferred from accounts for research, development, test, and evaluation for the Army to accounts for the Defense Health Program.
(c) Continuation as Center of Excellence.--After completion of the realignment described in subsection (a), the Army Medical Research and Materiel Command and Fort Detrick shall continue to serve as a Center of Excellence for Joint Biomedical Research, Development and Acquisition Management for efforts undertaken under the Defense Health Program.
______
SA 311. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XI, add the following:
SEC. 1106. REPORTS ON USE OF DIRECT HIRING AUTHORITIES BY THE
DEPARTMENT OF DEFENSE.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense (with respect to the Department of Defense) and each Secretary of a military department (with respect to such military department) shall submit to the congressional defense committees a report on the use by the department concerned of direct hiring authority (DHA) for civilian employees of such department. Each report shall set forth the following:
(1) Citations to each of the direct hiring authorities currently available to the department concerned.
(2) The current number of civilian employees of the department concerned who were hired using direct hiring authority (whether or not such authority is currently in force), and the grade level and occupational series of such civilian employees.
(3) A description and assessment of the challenges, if any, faced by the department concerned in hiring civilian employees for critical positions and occupational series, and a description and assessment of the role of current or potential direct hiring authorities in addressing such challenges.
(4) A proposal for increasing the number of civilian employees of the department concerned who are employed using direct hiring authority.
______
SA 312. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. ENERGETICS PLAN.
The Secretary of the Navy shall, working with the technical directors at the Naval Surface Warfare Centers, develop an energetics research and development plan to ensure a long-term multi-domain research, development, prototyping, and experimentation effort that--
(1) improves the lethality, range, and speed of energetic weapons;
(2) advances the development of high yield conventional energetics capabilities; and
(3) increases the size of the national energetic workforce.
______
SA 313. Ms. MURKOWSKI (for herself, Mr. Manchin, Mr. Tillis, Mr. Cramer, Mrs. Capito, Mr. Sullivan, Mr. Risch, Mr. Jones, and Ms. McSally) submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title ___, insert the following:
Subtitle ___--Minerals Security and Technology
PART I--AMERICAN MINERAL SECURITY
SEC. __01. DEFINITIONS.
In this part:
(1) Byproduct.--The term ``byproduct'' means a critical mineral--
(A) the recovery of which depends on the production of a host mineral that is not designated as a critical mineral; and
(B) that exists in sufficient quantities to be recovered during processing or refining.
(2) Critical mineral.--
(A) In general.--The term ``critical mineral'' means any mineral, element, substance, or material designated as critical by the Secretary under section __03.
(B) Exclusions.--The term ``critical mineral'' does not include--
(i) fuel minerals, including oil, natural gas, or any other fossil fuels; or
(ii) water, ice, or snow.
(3) Critical mineral manufacturing.--The term ``critical mineral manufacturing'' means--
(A) the exploration, development, mining, production, processing, refining, alloying, separation, concentration, magnetic sintering, melting, or beneficiation of critical minerals within the United States;
(B) the fabrication, assembly, or production, within the United States, of equipment, components, or other goods with energy technology-, defense-, agriculture-, consumer electronics-, or health care-related applications; or
(C) any other value-added, manufacturing-related use of critical minerals undertaken within the United States.
(4) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(5) Secretary.--The term ``Secretary'' means the Secretary of the Interior.
(6) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands; and
(G) the United States Virgin Islands.
SEC. __02. POLICY.
(a) In General.--Section 3 of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1602) is amended in the second sentence--
(1) by striking paragraph (3) and inserting the following:
``(3) establish an analytical and forecasting capability for identifying critical mineral demand, supply, and other factors to allow informed actions to be taken to avoid supply shortages, mitigate price volatility, and prepare for demand growth and other market shifts;'';
(2) in paragraph (6), by striking ``and'' after the semicolon at the end; and
(3) by striking paragraph (7) and inserting the following:
``(7) facilitate the availability, development, and environmentally responsible production of domestic resources to meet national material or critical mineral needs;
``(8) avoid duplication of effort, prevent unnecessary paperwork, and minimize delays in the administration of applicable laws (including regulations) and the issuance of permits and authorizations necessary to explore for, develop, and produce critical minerals and to construct critical mineral manufacturing facilities in accordance with applicable environmental and land management laws;
``(9) strengthen--
``(A) educational and research capabilities at not lower than the secondary school level; and
``(B) workforce training for exploration and development of critical minerals and critical mineral manufacturing;
``(10) bolster international cooperation through technology transfer, information sharing, and other means;
``(11) promote the efficient production, use, and recycling of critical minerals;
``(12) develop alternatives to critical minerals; and
``(13) establish contingencies for the production of, or access to, critical minerals for which viable sources do not exist within the United States.''.
(b) Conforming Amendment.--Section 2(b) of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1601(b)) is amended by striking ``(b) As used in this Act, the term'' and inserting the following:
``(b) Definitions.--In this Act:
``(1) Critical mineral.--The term `critical mineral' means any mineral, element, substance, or material designated as critical by the Secretary under section __03 of the National Defense Authorization Act for Fiscal Year 2020.
``(2) Materials.--The term''.
SEC. __03. CRITICAL MINERAL DESIGNATIONS.
(a) Draft Methodology and List.--The Secretary, acting through the Director of the United States Geological Survey
(referred to in this section as the ``Secretary''), shall publish in the Federal Register for public comment--
(1) a description of the draft methodology used to identify a draft list of critical minerals;
(2) a draft list of minerals, elements, substances, and materials that qualify as critical minerals; and
(3) a draft list of critical minerals recovered as byproducts.
(b) Availability of Data.--If available data is insufficient to provide a quantitative basis for the methodology developed under this section, qualitative evidence may be used to the extent necessary.
(c) Final Methodology and List.--After reviewing public comments on the draft methodology and the draft list of critical minerals published under subsection (a) and updating the methodology and list as appropriate, not later than 45 days after the date on which the public comment period with respect to the draft methodology and draft list closes, the Secretary shall publish in the Federal Register--
(1) a description of the final methodology for determining which minerals, elements, substances, and materials qualify as critical minerals; and
(2) the final list of critical minerals.
(d) Designations.--
(1) In general.--For purposes of carrying out this section, the Secretary shall maintain a list of minerals, elements, substances, and materials designated as critical, pursuant to the final methodology published under subsection (c), that the Secretary determines--
(A) are essential to the economic or national security of the United States;
(B) the supply chain of which is vulnerable to disruption
(including restrictions associated with foreign political risk, abrupt demand growth, military conflict, violent unrest, anti-competitive or protectionist behaviors, and other risks throughout the supply chain); and
(C) serve an essential function in the manufacturing of a product (including energy technology-, defense-, currency-, agriculture-, consumer electronics-, and health care-related applications), the absence of which would have significant consequences for the economic or national security of the United States.
(2) Inclusions.--Notwithstanding the criteria under subsection (c), the Secretary may designate and include on the list any mineral, element, substance, or material determined by another Federal agency to be strategic and critical to the defense or national security of the United States.
(3) Required consultation.--The Secretary shall consult with the Secretaries of Defense, Commerce, Agriculture, and Energy and the United States Trade Representative in designating minerals, elements, substances, and materials as critical under this subsection.
(e) Subsequent Review.--
(1) In general.--The Secretary, in consultation with the Secretaries of Defense, Commerce, Agriculture, and Energy and the United States Trade Representative, shall review the methodology and list under subsection (c) and the designations under subsection (d) at least every 3 years, or more frequently as the Secretary considers to be appropriate.
(2) Revisions.--Subject to subsection (d)(1), the Secretary may--
(A) revise the methodology described in this section;
(B) determine that minerals, elements, substances, and materials previously determined to be critical minerals are no longer critical minerals; and
(C) designate additional minerals, elements, substances, or materials as critical minerals.
(f) Notice.--On finalization of the methodology and the list under subsection (c), or any revision to the methodology or list under subsection (e), the Secretary shall submit to Congress written notice of the action.
SEC. __04. RESOURCE ASSESSMENT.
(a) In General.--Not later than 4 years after the date of enactment of this Act, in consultation with applicable State
(including geological surveys), local, academic, industry, and other entities, the Secretary shall complete a comprehensive national assessment of each critical mineral that--
(1) identifies and quantifies known critical mineral resources, using all available public and private information and datasets, including exploration histories; and
(2) provides a quantitative and qualitative assessment of undiscovered critical mineral resources throughout the United States, including probability estimates of tonnage and grade, using all available public and private information and datasets, including exploration histories.
(b) Supplementary Information.--In carrying out this section, the Secretary may carry out surveys and field work
(including drilling, remote sensing, geophysical surveys, topographical and geological mapping, and geochemical sampling and analysis) to supplement existing information and datasets available for determining the existence of critical minerals in the United States.
(c) Public Access.--Subject to applicable law, to the maximum extent practicable, the Secretary shall make all data and metadata collected from the comprehensive national assessment carried out under subsection (a) publically and electronically accessible.
(d) Technical Assistance.--At the request of the Governor of a State or the head of an Indian tribe, the Secretary may provide technical assistance to State governments and Indian tribes conducting critical mineral resource assessments on non-Federal land.
(e) Prioritization.--
(1) In general.--The Secretary may sequence the completion of resource assessments for each critical mineral such that critical minerals considered to be most critical under the methodology established under section __03 are completed first.
(2) Reporting.--During the period beginning not later than 1 year after the date of enactment of this Act and ending on the date of completion of all of the assessments required under this section, the Secretary shall submit to Congress on an annual basis an interim report that--
(A) identifies the sequence and schedule for completion of the assessments if the Secretary sequences the assessments; or
(B) describes the progress of the assessments if the Secretary does not sequence the assessments.
(f) Updates.--The Secretary may periodically update the assessments conducted under this section based on--
(1) the generation of new information or datasets by the Federal Government; or
(2) the receipt of new information or datasets from critical mineral producers, State geological surveys, academic institutions, trade associations, or other persons.
(g) Additional Surveys.--The Secretary shall complete a resource assessment for each additional mineral or element subsequently designated as a critical mineral under section __03(e)(2) not later than 2 years after the designation of the mineral or element.
(h) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the status of geological surveying of Federal land for any mineral commodity--
(1) for which the United States was dependent on a foreign country for more than 25 percent of the United States supply, as depicted in the report issued by the United States Geological Survey entitled ``Mineral Commodity Summaries 2019''; but
(2) that is not designated as a critical mineral under section __03.
SEC. __05. PERMITTING.
(a) Sense of Congress.--It is the sense of Congress that--
(1) critical minerals are fundamental to the economy, competitiveness, and security of the United States;
(2) to the maximum extent practicable, the critical mineral needs of the United States should be satisfied by minerals responsibly produced and recycled in the United States; and
(3) the Federal permitting process has been identified as an impediment to mineral production and the mineral security of the United States.
(b) Performance Improvements.--To improve the quality and timeliness of decisions, the Secretary (acting through the Director of the Bureau of Land Management) and the Secretary of Agriculture (acting through the Chief of the Forest Service) (referred to in this section as the ``Secretaries'') shall, to the maximum extent practicable, with respect to critical mineral production on Federal land, complete Federal permitting and review processes with maximum efficiency and effectiveness, while supporting vital economic growth, by--
(1) establishing and adhering to timelines and schedules for the consideration of, and final decisions regarding, applications, operating plans, leases, licenses, permits, and other use authorizations for mineral-related activities on Federal land;
(2) establishing clear, quantifiable, and temporal permitting performance goals and tracking progress against those goals;
(3) engaging in early collaboration among agencies, project sponsors, and affected stakeholders--
(A) to incorporate and address the interests of those parties; and
(B) to minimize delays;
(4) ensuring transparency and accountability by using cost-effective information technology to collect and disseminate information regarding individual projects and agency performance;
(5) engaging in early and active consultation with State, local, and Indian tribal governments to avoid conflicts or duplication of effort, resolve concerns, and allow for concurrent, rather than sequential, reviews;
(6) providing demonstrable improvements in the performance of Federal permitting and review processes, including lower costs and more timely decisions;
(7) expanding and institutionalizing permitting and review process improvements that have proven effective;
(8) developing mechanisms to better communicate priorities and resolve disputes among agencies at the national, regional, State, and local levels; and
(9) developing other practices, such as preapplication procedures.
(c) Review and Report.--Not later than 1 year after the date of enactment of this Act, the Secretaries shall submit to Congress a report that--
(1) identifies additional measures (including regulatory and legislative proposals, as appropriate) that would increase the timeliness of permitting activities for the exploration and development of domestic critical minerals;
(2) identifies options (including cost recovery paid by permit applicants) for ensuring adequate staffing and training of Federal entities and personnel responsible for the consideration of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land;
(3) quantifies the amount of time typically required
(including range derived from minimum and maximum durations, mean, median, variance, and other statistical measures or representations) to complete each step (including those aspects outside the control of the executive branch, such as judicial review, applicant decisions, or State and local government involvement) associated with the development and processing of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land, which shall serve as a baseline for the performance metric under subsection
(d); and
(4) describes actions carried out pursuant to subsection
(b).
(d) Performance Metric.--Not later than 90 days after the date of submission of the report under subsection (c), the Secretaries, after providing public notice and an opportunity to comment, shall develop and publish a performance metric for evaluating the progress made by the executive branch to expedite the permitting of activities that will increase exploration for, and development of, domestic critical minerals, while maintaining environmental standards.
(e) Annual Reports.--Beginning with the first budget submission by the President under section 1105 of title 31, United States Code, after publication of the performance metric required under subsection (d), and annually thereafter, the Secretaries shall submit to Congress a report that--
(1) summarizes the implementation of recommendations, measures, and options identified in paragraphs (1) and (2) of subsection (c);
(2) using the performance metric under subsection (d), describes progress made by the executive branch, as compared to the baseline established pursuant to subsection (c)(3), on expediting the permitting of activities that will increase exploration for, and development of, domestic critical minerals; and
(3) compares the United States to other countries in terms of permitting efficiency and any other criteria relevant to the globally competitive critical minerals industry.
(f) Individual Projects.--Using data from the Secretaries generated under subsection (e), the Director of the Office of Management and Budget shall prioritize inclusion of individual critical mineral projects on the website operated by the Office of Management and Budget in accordance with section 1122 of title 31, United States Code.
(g) Report of Small Business Administration.--Not later than 1 year and 300 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall submit to the applicable committees of Congress a report that assesses the performance of Federal agencies with respect to--
(1) complying with chapter 6 of title 5, United States Code
(commonly known as the ``Regulatory Flexibility Act''), in promulgating regulations applicable to the critical minerals industry; and
(2) performing an analysis of regulations applicable to the critical minerals industry that may be outmoded, inefficient, duplicative, or excessively burdensome.
(h) Application.--Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) is amended in the matter preceding clause
(i) by inserting ``(including critical mineral manufacturing
(as defined in section __01 of the National Defense Authorization Act for Fiscal Year 2020))'' after
``manufacturing''.
SEC. __06. FEDERAL REGISTER PROCESS.
(a) Departmental Review.--Absent any extraordinary circ*mstance, and except as otherwise required by law, the Secretary and the Secretary of Agriculture shall ensure that each Federal Register notice described in subsection (b) shall be--
(1) subject to any required reviews within the Department of the Interior or the Department of Agriculture; and
(2) published in final form in the Federal Register not later than 45 days after the date of initial preparation of the notice.
(b) Preparation.--The preparation of Federal Register notices required by law associated with the issuance of a critical mineral exploration or mine permit shall be delegated to the organizational level within the agency responsible for issuing the critical mineral exploration or mine permit.
(c) Transmission.--All Federal Register notices regarding official document availability, announcements of meetings, or notices of intent to undertake an action shall be originated in, and transmitted to the Federal Register from, the office in which, as applicable--
(1) the documents or meetings are held; or
(2) the activity is initiated.
SEC. __07. RECYCLING, EFFICIENCY, AND ALTERNATIVES.
(a) Establishment.--The Secretary of Energy (referred to in this section as the ``Secretary'') shall conduct a program of research and development--
(1) to promote the efficient production, use, and recycling of critical minerals throughout the supply chain; and
(2) to develop alternatives to critical minerals that do not occur in significant abundance in the United States.
(b) Cooperation.--In carrying out the program, the Secretary shall cooperate with appropriate--
(1) Federal agencies and National Laboratories;
(2) critical mineral producers;
(3) critical mineral processors;
(4) critical mineral manufacturers;
(5) trade associations;
(6) academic institutions;
(7) small businesses; and
(8) other relevant entities or individuals.
(c) Activities.--Under the program, the Secretary shall carry out activities that include the identification and development of--
(1) advanced critical mineral extraction, production, separation, alloying, or processing technologies that decrease the energy consumption, environmental impact, and costs of those activities, including--
(A) efficient water and wastewater management strategies;
(B) technologies and management strategies to control the environmental impacts of radionuclides in ore tailings;
(C) technologies for separation and processing; and
(D) technologies for increasing the recovery rates of byproducts from host metal ores;
(2) technologies or process improvements that minimize the use, or lead to more efficient use, of critical minerals across the full supply chain;
(3) technologies, process improvements, or design optimizations that facilitate the recycling of critical minerals, and options for improving the rates of collection of products and scrap containing critical minerals from post-consumer, industrial, or other waste streams;
(4) commercial markets, advanced storage methods, energy applications, and other beneficial uses of critical minerals processing byproducts;
(5) alternative minerals, metals, and materials, particularly those available in abundance within the United States and not subject to potential supply restrictions, that lessen the need for critical minerals; and
(6) alternative energy technologies or alternative designs of existing energy technologies, particularly those that use minerals that--
(A) occur in abundance in the United States; and
(B) are not subject to potential supply restrictions.
(d) Reports.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report summarizing the activities, findings, and progress of the program.
SEC. __08. ANALYSIS AND FORECASTING.
(a) Capabilities.--In order to evaluate existing critical mineral policies and inform future actions that may be taken to avoid supply shortages, mitigate price volatility, and prepare for demand growth and other market shifts, the Secretary, in consultation with the Energy Information Administration, academic institutions, and others in order to maximize the application of existing competencies related to developing and maintaining computer-models and similar analytical tools, shall conduct and publish the results of an annual report that includes--
(1) as part of the annually published Mineral Commodity Summaries from the United States Geological Survey, a comprehensive review of critical mineral production, consumption, and recycling patterns, including--
(A) the quantity of each critical mineral domestically produced during the preceding year;
(B) the quantity of each critical mineral domestically consumed during the preceding year;
(C) market price data or other price data for each critical mineral;
(D) an assessment of--
(i) critical mineral requirements to meet the national security, energy, economic, industrial, technological, and other needs of the United States during the preceding year;
(ii) the reliance of the United States on foreign sources to meet those needs during the preceding year; and
(iii) the implications of any supply shortages, restrictions, or disruptions during the preceding year;
(E) the quantity of each critical mineral domestically recycled during the preceding year;
(F) the market penetration during the preceding year of alternatives to each critical mineral;
(G) a discussion of international trends associated with the discovery, production, consumption, use, costs of production, prices, and recycling of each critical mineral as well as the development of alternatives to critical minerals; and
(H) such other data, analyses, and evaluations as the Secretary finds are necessary to achieve the purposes of this section; and
(2) a comprehensive forecast, entitled the ``Annual Critical Minerals Outlook'', of projected critical mineral production, consumption, and recycling patterns, including--
(A) the quantity of each critical mineral projected to be domestically produced over the subsequent 1-year, 5-year, and 10-year periods;
(B) the quantity of each critical mineral projected to be domestically consumed over the subsequent 1-year, 5-year, and 10-year periods;
(C) an assessment of--
(i) critical mineral requirements to meet projected national security, energy, economic, industrial, technological, and other needs of the United States;
(ii) the projected reliance of the United States on foreign sources to meet those needs; and
(iii) the projected implications of potential supply shortages, restrictions, or disruptions;
(D) the quantity of each critical mineral projected to be domestically recycled over the subsequent 1-year, 5-year, and 10-year periods;
(E) the market penetration of alternatives to each critical mineral projected to take place over the subsequent 1-year, 5-year, and 10-year periods;
(F) a discussion of reasonably foreseeable international trends associated with the discovery, production, consumption, use, costs of production, and recycling of each critical mineral as well as the development of alternatives to critical minerals; and
(G) such other projections relating to each critical mineral as the Secretary determines to be necessary to achieve the purposes of this section.
(b) Proprietary Information.--In preparing a report described in subsection (a), the Secretary shall ensure, consistent with section 5(f) of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1604(f)), that--
(1) no person uses the information and data collected for the report for a purpose other than the development of or reporting of aggregate data in a manner such that the identity of the person or firm who supplied the information is not discernible and is not material to the intended uses of the information;
(2) no person discloses any information or data collected for the report unless the information or data has been transformed into a statistical or aggregate form that does not allow the identification of the person or firm who supplied particular information; and
(3) procedures are established to require the withholding of any information or data collected for the report if the Secretary determines that withholding is necessary to protect proprietary information, including any trade secrets or other confidential information.
SEC. __09. EDUCATION AND WORKFORCE.
(a) Workforce Assessment.--Not later than 1 year and 300 days after the date of enactment of this Act, the Secretary of Labor (in consultation with the Secretary, the Director of the National Science Foundation, institutions of higher education with substantial expertise in mining, institutions of higher education with significant expertise in minerals research, including fundamental research into alternatives, and employers in the critical minerals sector) shall submit to Congress an assessment of the domestic availability of technically trained personnel necessary for critical mineral exploration, development, assessment, production, manufacturing, recycling, analysis, forecasting, education, and research, including an analysis of--
(1) skills that are in the shortest supply as of the date of the assessment;
(2) skills that are projected to be in short supply in the future;
(3) the demographics of the critical minerals industry and how the demographics will evolve under the influence of factors such as an aging workforce;
(4) the effectiveness of training and education programs in addressing skills shortages;
(5) opportunities to hire locally for new and existing critical mineral activities;
(6) the sufficiency of personnel within relevant areas of the Federal Government for achieving the policies described in section 3 of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1602); and
(7) the potential need for new training programs to have a measurable effect on the supply of trained workers in the critical minerals industry.
(b) Curriculum Study.--
(1) In general.--The Secretary and the Secretary of Labor shall jointly enter into an arrangement with the National Academy of Sciences and the National Academy of Engineering under which the Academies shall coordinate with the National Science Foundation on conducting a study--
(A) to design an interdisciplinary program on critical minerals that will support the critical mineral supply chain and improve the ability of the United States to increase domestic, critical mineral exploration, development, production, manufacturing, research, including fundamental research into alternatives, and recycling;
(B) to address undergraduate and graduate education, especially to assist in the development of graduate level programs of research and instruction that lead to advanced degrees with an emphasis on the critical mineral supply chain or other positions that will increase domestic, critical mineral exploration, development, production, manufacturing, research, including fundamental research into alternatives, and recycling;
(C) to develop guidelines for proposals from institutions of higher education with substantial capabilities in the required disciplines for activities to improve the critical mineral supply chain and advance the capacity of the United States to increase domestic, critical mineral exploration, research, development, production, manufacturing, and recycling; and
(D) to outline criteria for evaluating performance and recommendations for the amount of funding that will be necessary to establish and carry out the program described in subsection (c).
(2) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a description of the results of the study required under paragraph (1).
(c) Program.--
(1) Establishment.--The Secretary and the Secretary of Labor shall jointly conduct a competitive grant program under which institutions of higher education may apply for and receive 4-year grants for--
(A) startup costs for newly designated faculty positions in integrated critical mineral education, research, innovation, training, and workforce development programs consistent with subsection (b);
(B) internships, scholarships, and fellowships for students enrolled in programs related to critical minerals;
(C) equipment necessary for integrated critical mineral innovation, training, and workforce development programs; and
(D) research of critical minerals and their applications, particularly concerning the manufacture of critical components vital to national security.
(2) Renewal.--A grant under this subsection shall be renewable for up to 2 additional 3-year terms based on performance criteria outlined under subsection (b)(1)(D).
SEC. __10. NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA
PRESERVATION PROGRAM.
Section 351(k) of the Energy Policy Act of 2005 (42 U.S.C. 15908(k)) is amended by striking ``$30,000,000 for each of fiscal years 2006 through 2010'' and inserting ``$5,000,000 for each of fiscal years 2020 through 2029, to remain available until expended''.
SEC. __11. ADMINISTRATION.
(a) In General.--The National Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.) is repealed.
(b) Conforming Amendment.--Section 3(d) of the National Superconductivity and Competitiveness Act of 1988 (15 U.S.C. 5202(d)) is amended in the first sentence by striking ``, with the assistance of the National Critical Materials Council as specified in the National Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.),''.
(c) Savings Clauses.--
(1) In general.--Nothing in this part or an amendment made by this part modifies any requirement or authority provided by--
(A) the matter under the heading ``geological survey'' of the first section of the Act of March 3, 1879 (43 U.S.C. 31(a)); or
(B) the first section of Public Law 87-626 (43 U.S.C. 31(b)).
(2) Effect on department of defense.--Nothing in this part or an amendment made by this part affects the authority of the Secretary of Defense with respect to the work of the Department of Defense on critical material supplies in furtherance of the national defense mission of the Department of Defense.
(3) Secretarial order not affected.--This part shall not apply to any mineral described in Secretarial Order No. 3324, issued by the Secretary of the Interior on December 3, 2012, in any area to which the order applies.
(d) Application of Certain Provisions.--
(1) In general.--Sections __05 and __06 shall apply to--
(A) an exploration project in which the presence of a byproduct is reasonably expected, based on known mineral companionality, geologic formation, mineralogy, or other factors; and
(B) a project that demonstrates that a byproduct will be recovered in salable quantities, as determined by the applicable Secretary in accordance with paragraph (2).
(2) Requirement.--In making the determination under paragraph (1)(B), the applicable Secretary shall consider the cost effectiveness of the byproducts recovery.
SEC. __12. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this part $50,000,000 for each of fiscal years 2020 through 2029.
PART II--RARE EARTH ELEMENT ADVANCED COAL TECHNOLOGIES
SEC. __21. PROGRAM FOR EXTRACTION AND RECOVERY OF RARE EARTH
ELEMENTS AND MINERALS FROM COAL AND COAL
BYPRODUCTS.
(a) In General.--The Secretary of Energy, acting through the Assistant Secretary for Fossil Energy (referred to in this part as the ``Secretary''), shall carry out a program under which the Secretary shall develop advanced separation technologies for the extraction and recovery of rare earth elements and minerals from coal and coal byproducts.
(b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out the program described in subsection (a) $23,000,000 for each of fiscal years 2020 through 2027.
SEC. __22. REPORT.
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report evaluating the development of advanced separation technologies for the extraction and recovery of rare earth elements and minerals from coal and coal byproducts, including acid mine drainage from coal mines.
______
SA 314. Mr. CORNYN (for himself, Mr. King, Mr. Tillis, and Ms. Duckworth) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title V, insert the following:
SEC. ____. INFORMATION AND OPPORTUNITIES FOR REGISTRATION FOR
VOTING AND ABSENTEE BALLOT REQUESTS FOR MEMBERS
OF THE ARMED FORCES UNDERGOING DEPLOYMENT
OVERSEAS.
(a) In General.--Not later than 45 days prior to a general election for Federal office, a member of the Armed Forces shall be provided with the following:
(1) A Federal write-in absentee ballot prescribed pursuant to section 103 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20303), together with instructions on the appropriate use of the ballot with respect to the State in which the member is registered to vote.
(2) In the case of a member intending to vote in a State that does not accept the Federal write-in absentee ballot as a simultaneous application and acceptable ballot for Federal elections, a briefing on, and an opportunity to fill out, the official post card form for absentee voter registration application and absentee ballot application prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301(b)(2)).
(b) Personnel Responsible of Discharge.--Ballots and instructions shall be provided pursuant to paragraphs(1) of subsection (a) by Voting Assistance Officers or such other personnel as the Secretary of the military department concerned shall designate.
(c) Sense of Congress Relating to the Use of the Federal Write-in Absentee Ballot.--
(1) Findings.--Congress makes the following findings:
(A) Servicemembers serving abroad are subject to disproportionate challenges in voting.
(B) As of May, 2019, only 28 States allow servicemembers to use the Federal write-in absentee ballot as a simultaneous application and acceptable ballot for Federal elections.
(2) Sense of congress.--It is the sense of Congress that--
(A) Federal and State governments should remove all obstacles that would inhibit deployed servicemembers from voting; and
(B) States that do not allow servicemembers to use the Federal write-in absentee ballot as a simultaneous application and acceptable ballot for Federal elections should modify their laws to permit such use.
______
SA 315. Mr. PERDUE submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XI, add the following:
SEC. 11__. MODIFICATION OF DIRECT HIRE AUTHORITY FOR CERTAIN
PERSONNEL INVOLVED WITH DEPARTMENT OF DEFENSE
MAINTENANCE ACTIVITIES.
Section 9905(a) of title 5, United States Code, is amended--
(1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Any position in a facility or location that provides work or support for activities referred to in paragraph (1), including a facility or location geographically independent of the location of activities referred to in that paragraph.''.
______
SA 316. Mr. ENZI submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XXXI, add the following:
SEC. 3116. IMPLEMENTATION OF COMMON FINANCIAL REPORTING
SYSTEM FOR NUCLEAR SECURITY ENTERPRISE.
Not more than 90 percent of the funds authorized to be appropriated by section 3101 for the National Nuclear Security Administration for fiscal year 2020 for Federal salaries and expenses and available for travel and transportation may be obligated or expended before the date on which the Administrator for Nuclear Security completes implementation of the common financial reporting system for the nuclear security enterprise as required by section 3113(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 50 U.S.C. 2512 note).
______
SA 317. Mr. BOOZMAN (for himself and Mr. Tester) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. FEES ERRONEOUSLY COLLECTED BY DEPARTMENT OF
VETERANS AFFAIRS FOR HOUSING LOANS.
(a) Findings.--Congress makes the following findings:
(1) The Department of Veterans Affairs offers a Department backed home loan for which veterans are generally required to pay fees to defray the cost of administering the home loan.
(2) Veterans are exempt from paying the fees if they are entitled to receive disability compensation from the Department of Veterans Affairs.
(3) Between January 1, 2012, and December 31, 2017, veterans paid fees of more than $286,000,000 in association with Department backed home loans despite being exempt from such fees. Fees paid included $65,800,000 in fees that could have been avoided.
(4) Of those erroneously paid fees, $189,000,000 in fee refunds are still due to veterans.
(5) More than 70,000 veterans may have been affected by these erroneously paid fees.
(b) Plan to Identify Individuals Who Were Erroneously Charged Fees.--
(1) Erroneous charges january 1, 2012, to december 31, 2017.--
(A) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a plan to identify individuals described in subsection (c) of section 3729 of title 38, United States Code, from whom a fee was collected under such section during the period beginning on January 1, 2012, and ending on December 31, 2017.
(B) Contents.--The plan submitted under paragraph (1) shall include the following:
(i) The number of refunds that are required to be made.
(ii) A timeline for the refunding of fees.
(2) Erroneous charges before january 1, 2012.--
(A) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a plan to identify individuals described in subsection (c) of section 3729 of title 38, United States Code, from whom a fee was collected under such section before January 1, 2012.
(B) Contents.--The plan submitted under paragraph (1) shall include the following:
(i) The number of refunds that are required to be made.
(ii) A timeline for the refunding of fees.
(c) Automated Refund Process.--
(1) In general.--The Secretary shall develop an automated process for refunding fees collected under section 3729 of title 38, United States Code, from individuals described in subsection (c) of such section.
(2) Prohibition.--The Secretary may not require any individual described in such subsection from whom a fee was collected under such section to request a refund of such fee in order to receive such refund.
(d) Plan to Process Refunds.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall develop a plan to process refunds of fees that were collected under section 3729 of title 38, United States Code, from individuals described in subsection (c) of such section.
(e) Annual Report on Refunds.--
(1) In general.--Not less frequently than once each year, the Secretary shall submit to Congress an annual report on refunds of fees collected under section 3729 of title 38, United States Code.
(2) Contents.--Each report submitted under paragraph (1) shall include, for the period covered by the report:
(A) The number of fees collected under such section that were refunded and applied to a home loan balance.
(B) The number of such refunds for which the Secretary received documentation of the application of a refund to a home loan balance.
(f) Real-time Updates on Fee Exemption Status.--
(1) In general.--The Secretary shall develop a technology and process solution to enable real-time updates to viewing one's status regarding exemption from fee collection requirements under section 3729 of title 38, United States Code.
(2) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the solution developed under paragraph (1).
(g) Manner of Refunds.--In the case of a fee that was erroneously collected under section 3729 of title 38, United States Code, from an individual described in subsection (c) of such section, the Secretary may refund the fee directly to the individual, notwithstanding any current loan balance of the individual or the manner in which the fee was originally collected.
(h) Audit Plan.--
(1) Plan required.--The Secretary shall develop a plan to audit the Department on an annual basis to determine the rate at which fees are erroneously collected under section 3729 of title 38, United States Code.
(2) Reports.--Not later than 60 days after the completion of any audit conducted pursuant to the plan developed under paragraph (1), the Secretary shall submit to Congress a report on the findings of the Secretary with respect to the audit.
______
SA 318. Mr. BOOZMAN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title VI, add the following:
Subtitle F--Other Matters
SEC. 651. INCLUSION OF CERTAIN VETERANS ON TEMPORARY
DISABILITY OR PERMANENT DISABLED RETIREMENT
LISTS IN MILITARY ADAPTIVE SPORTS PROGRAMS.
(a) Inclusion of Certain Veterans.--Subsection (a)(1) of section 2564a of title 10, United States Code, is amended by striking ``for members of the armed forces who'' and all that follows through the period at the end and inserting the following: ``for--
``(A) any member of the armed forces who is eligible to participate in adaptive sports because of an injury, illness, or wound incurred in the line of duty in the armed forces; and
``(B) any veteran (as defined in section 101 of title 38), during the one-year period following the veteran's date of separation, who--
``(i) is on the Temporary Disability Retirement List or Permanently Disabled Retirement List;
``(ii) is eligible to participate in adaptive sports because of an injury, illness, or wound incurred in the line of duty in the armed forces; and
``(iii) was enrolled in the program authorized under this section prior to the veteran's date of separation.''.
(b) Conforming Amendment.--Subsection (b) of such section is amended by inserting ``and veterans'' after ``members''.
(c) Clerical Amendments.--
(1) Heading amendment.--The heading of such section is amended to read as follows:
``Sec. 2564a. Provision of assistance for adaptive sports programs: members of the armed forces; certain veterans''.
(2) Table of section.--The table of sections at the beginning of chapter 152 of such title is amended by striking the item relating to section 2564a and inserting the following new item:
``2564a. Provision of assistance for adaptive sports programs: members of the armed forces; certain veterans.''.
______
SA 319. Mr. BOOZMAN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title IV, add the following:
SEC. 416. MODIFICATION OF AUTHORIZED STRENGTH OF AIR FORCE
RESERVE SERVING ON FULL-TIME RESERVE COMPONENT
DUTY FOR ADMINISTRATION OF THE RESERVES OR THE
NATIONAL GUARD.
(a) In General.--The table in section 12011(a)(1) of title 10, United States Code, is amended by striking the matter relating to the Air Force Reserve and inserting the following new matter:
Air Force Reserve
1,000 166 170 100
1,500 245 251 143
2,000 322 330 182
2,500 396 406 216
3,000 467 479 246
3,500 536 550 271
4,000 602 618 292
4,500 665 683 308
5,000 726 746 320
5,500 784 806 325
6,000 840 864 327
7,000 962 990 347
8,000 1,087 1,110 356
10,000 1,322 1,362 395
(b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2019, and shall apply with respect to fiscal years beginning on or after that date.
______
SA 320. Mr. BARRASSO (for himself, Mr. Whitehouse, Mrs. Capito, Mr. Carper, Mr. Cramer, Ms. Smith, Mr. Rounds, Mr. Coons, and Mr. Hoeven) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. ___. UTILIZING SIGNIFICANT EMISSIONS WITH INNOVATIVE
TECHNOLOGIES.
(a) Short Title.--This section may be cited as the
``Utilizing Significant Emissions with Innovative Technologies Act'' or the ``USE IT Act''.
(b) Research, Investigation, Training, and Other Activities.--Section 103 of the Clean Air Act (42 U.S.C. 7403) is amended--
(1) in subsection (c)(3), in the first sentence of the matter preceding subparagraph (A), by striking ``percursors'' and inserting ``precursors''; and
(2) in subsection (g)--
(A) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting appropriately;
(B) in the undesignated matter following subparagraph (D)
(as so redesignated)--
(i) in the second sentence, by striking ``The Administrator'' and inserting the following:
``(5) Coordination and avoidance of duplication.--The Administrator''; and
(ii) in the first sentence, by striking ``Nothing'' and inserting the following:
``(4) Effect of subsection.--Nothing'';
(C) in the matter preceding subparagraph (A) (as so redesignated)--
(i) in the third sentence, by striking ``Such program'' and inserting the following:
``(3) Program inclusions.--The program under this subsection'';
(ii) in the second sentence--
(I) by inserting ``States, institutions of higher education,'' after ``scientists,''; and
(II) by striking ``Such strategies and technologies shall be developed'' and inserting the following:
``(2) Participation requirement.--Such strategies and technologies described in paragraph (1) shall be developed''; and
(iii) in the first sentence, by striking ``In carrying out'' and inserting the following:
``(1) In general.--In carrying out''; and
(D) by adding at the end the following:
``(6) Certain carbon dioxide activities.--
``(A) In general.--In carrying out paragraph (3)(A) with respect to carbon dioxide, the Administrator shall carry out the activities described in each of subparagraphs (B), (C),
(D), and (E).
``(B) Direct air capture research.--
``(i) Definitions.--In this subparagraph:
``(I) Board.--The term `Board' means the Direct Air Capture Technology Advisory Board established by clause (iii)(I).
``(II) Dilute.--The term `dilute' means a concentration of less than 1 percent by volume.
``(III) Direct air capture.--
``(aa) In general.--The term `direct air capture', with respect to a facility, technology, or system, means that the facility, technology, or system uses carbon capture equipment to capture carbon dioxide directly from the air.
``(bb) Exclusion.--The term `direct air capture' does not include any facility, technology, or system that captures carbon dioxide--
``(AA) that is deliberately released from a naturally occurring subsurface spring; or
``(BB) using natural photosynthesis.
``(IV) Intellectual property.--The term `intellectual property' means--
``(aa) an invention that is patentable under title 35, United States Code; and
``(bb) any patent on an invention described in item (aa).
``(ii) Technology prizes.--
``(I) In general.--Not later than 1 year after the date of enactment of the USE IT Act, the Administrator, in consultation with the Secretary of Energy, shall establish a program to provide, and shall provide, financial awards on a competitive basis for direct air capture from media in which the concentration of carbon dioxide is dilute.
``(II) Duties.--In carrying out this clause, the Administrator shall--
``(aa) subject to subclause (III), develop specific requirements for--
``(AA) the competition process; and
``(BB) the demonstration of performance of approved projects;
``(bb) offer financial awards for a project designed--
``(AA) to the maximum extent practicable, to capture more than 10,000 tons of carbon dioxide per year; and
``(BB) to operate in a manner that would be commercially viable in the foreseeable future (as determined by the Board); and
``(cc) to the maximum extent practicable, make financial awards to geographically diverse projects, including at least--
``(AA) 1 project in a coastal State; and
``(BB) 1 project in a rural State.
``(III) Public participation.--In carrying out subclause
(II)(aa), the Administrator shall--
``(aa) provide notice of and, for a period of not less than 60 days, an opportunity for public comment on, any draft or proposed version of the requirements described in subclause
(II)(aa); and
``(bb) take into account public comments received in developing the final version of those requirements.
``(iii) Direct air capture technology advisory board.--
``(I) Establishment.--There is established an advisory board to be known as the `Direct Air Capture Technology Advisory Board'.
``(II) Composition.--The Board shall be composed of 9 members appointed by the Administrator, who shall provide expertise in--
``(aa) climate science;
``(bb) physics;
``(cc) chemistry;
``(dd) biology;
``(ee) engineering;
``(ff) economics;
``(gg) business management; and
``(hh) such other disciplines as the Administrator determines to be necessary to achieve the purposes of this subparagraph.
``(III) Term; vacancies.--
``(aa) Term.--A member of the Board shall serve for a term of 6 years.
``(bb) Vacancies.--A vacancy on the Board--
``(AA) shall not affect the powers of the Board; and
``(BB) shall be filled in the same manner as the original appointment was made.
``(IV) Initial meeting.--Not later than 30 days after the date on which all members of the Board have been appointed, the Board shall hold the initial meeting of the Board.
``(V) Meetings.--The Board shall meet at the call of the Chairperson or on the request of the Administrator.
``(VI) Quorum.--A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings.
``(VII) Chairperson and vice chairperson.--The Board shall select a Chairperson and Vice Chairperson from among the members of the Board.
``(VIII) Compensation.--Each member of the Board may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day during which the member is engaged in the actual performance of the duties of the Board.
``(IX) Duties.--The Board shall advise the Administrator on carrying out the duties of the Administrator under this subparagraph.
``(X) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board.
``(iv) Intellectual property.--
``(I) In general.--As a condition of receiving a financial award under this subparagraph, an applicant shall agree to vest the intellectual property of the applicant derived from the technology in 1 or more entities that are incorporated in the United States.
``(II) Reservation of license.--The United States--
``(aa) may reserve a nonexclusive, nontransferable, irrevocable, paid-up license, to have practiced for or on behalf of the United States, in connection with any intellectual property described in subclause (I); but
``(bb) shall not, in the exercise of a license reserved under item (aa), publicly disclose proprietary information relating to the license.
``(III) Transfer of title.--Title to any intellectual property described in subclause (I) shall not be transferred or passed, except to an entity that is incorporated in the United States, until the expiration of the first patent obtained in connection with the intellectual property.
``(v) Authorization of appropriations.--
``(I) In general.--There is authorized to be appropriated to carry out this subparagraph $35,000,000, to remain available until expended.
``(II) Requirement.--Research carried out using amounts made available under subclause (I) may not duplicate research funded by the Department of Energy.
``(vi) Termination of authority.--The Board and all authority provided under this subparagraph shall terminate not later than 10 years after the date of enactment of the USE IT Act.
``(C) Carbon dioxide utilization research.--
``(i) Definition of carbon dioxide utilization.--In this subparagraph, the term `carbon dioxide utilization' refers to technologies or approaches that lead to the use of carbon dioxide--
``(I) through the fixation of carbon dioxide through photosynthesis or chemosynthesis, such as through the growing of algae or bacteria;
``(II) through the chemical conversion of carbon dioxide to a material or chemical compound in which the carbon dioxide is securely stored; or
``(III) through the use of carbon dioxide for any other purpose for which a commercial market exists, as determined by the Administrator.
``(ii) Program.--The Administrator, in consultation with the Secretary of Energy, shall carry out a research and development program for carbon dioxide utilization to promote existing and new technologies that transform carbon dioxide generated by industrial processes into a product of commercial value, or as an input to products of commercial value.
``(iii) Technical and financial assistance.--Not later than 2 years after the date of enactment of the USE IT Act, in carrying out this subsection, the Administrator, in consultation with the Secretary of Energy, shall support research and infrastructure activities relating to carbon dioxide utilization by providing technical assistance and financial assistance in accordance with clause (iv).
``(iv) Eligibility.--To be eligible to receive technical assistance and financial assistance under clause (iii), a carbon dioxide utilization project shall--
``(I) have access to an emissions stream generated by a stationary source within the United States that is capable of supplying not less than 250 metric tons per day of carbon dioxide for research;
``(II) have access to adequate space for a laboratory and equipment for testing small-scale carbon dioxide utilization technologies, with onsite access to larger test bays for scale-up; and
``(III) have existing partnerships with institutions of higher education, private companies, States, or other government entities.
``(v) Coordination.--In supporting carbon dioxide utilization projects under this paragraph, the Administrator shall consult with the Secretary of Energy, and, as appropriate, with the head of any other relevant Federal agency, States, the private sector, and institutions of higher education to develop methods and technologies to account for the carbon dioxide emissions avoided by the carbon dioxide utilization projects.
``(vi) Authorization of appropriations.--
``(I) In general.--There is authorized to be appropriated to carry out this subparagraph $50,000,000, to remain available until expended.
``(II) Requirement.--Research carried out using amounts made available under subclause (I) may not duplicate research funded by the Department of Energy.
``(D) Deep saline formation report.--
``(i) Definition of deep saline formation.--
``(I) In general.--In this subparagraph, the term `deep saline formation' means a formation of subsurface geographically extensive sedimentary rock layers saturated with waters or brines that have a high total dissolved solids content and that are below the depth where carbon dioxide can exist in the formation as a supercritical fluid.
``(II) Clarification.--In this subparagraph, the term `deep saline formation' does not include oil and gas reservoirs.
``(ii) Report.--In consultation with the Secretary of Energy, and, as appropriate, with the head of any other relevant Federal agency and relevant stakeholders, not later than 1 year after the date of enactment of the USE IT Act, the Administrator shall prepare, submit to Congress, and make publicly available a report that includes--
``(I) a comprehensive identification of potential risks and benefits to project developers associated with increased storage of carbon dioxide captured from stationary sources in deep saline formations, using existing research;
``(II) recommendations for managing the potential risks identified under subclause (I), including potential risks unique to public land; and
``(III) recommendations for Federal legislation or other policy changes to mitigate any potential risks identified under subclause (I).
``(E) Report on carbon dioxide nonregulatory strategies and technologies.--
``(i) In general.--Not less frequently than once every 2 years, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes--
``(I) the recipients of assistance under subparagraphs (B) and (C); and
``(II) a plan for supporting additional nonregulatory strategies and technologies that could significantly prevent carbon dioxide emissions or reduce carbon dioxide levels in the air, in conjunction with other Federal agencies.
``(ii) Inclusions.--The plan submitted under clause (i) shall include--
``(I) a methodology for evaluating and ranking technologies based on the ability of the technologies to cost effectively reduce carbon dioxide emissions or carbon dioxide levels in the air; and
``(II) a description of any nonair-related environmental or energy considerations regarding the technologies.
``(F) GAO report.--The Comptroller General of the United States shall submit to Congress a report that--
``(i) identifies all Federal grant programs in which a purpose of a grant under the program is to perform research on carbon capture and utilization technologies, including direct air capture technologies; and
``(ii) examines the extent to which the Federal grant programs identified pursuant to clause (i) overlap or are duplicative.''.
(c) Report.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the
``Administrator'') shall submit to Congress a report describing how funds appropriated to the Administrator during the 5 most recent fiscal years have been used to carry out section 103 of the Clean Air Act (42 U.S.C. 7403), including a description of--
(1) the amount of funds used to carry out specific provisions of that section; and
(2) the practices used by the Administrator to differentiate funding used to carry out that section, as compared to funding used to carry out other provisions of law.
(d) Inclusion of Carbon Capture Infrastructure Projects.--Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by inserting
``carbon capture,'' after ``manufacturing,'';
(B) in clause (i)(III), by striking ``or'' at the end;
(C) by redesignating clause (ii) as clause (iii); and
(D) by inserting after clause (i) the following:
``(ii) is covered by a programmatic plan or environmental review developed for the primary purpose of facilitating development of carbon dioxide pipelines; or''; and
(2) by adding at the end the following:
``(C) Inclusion.--For purposes of subparagraph (A), construction of infrastructure for carbon capture includes construction of--
``(i) any facility, technology, or system that captures, utilizes, or sequesters carbon dioxide emissions, including projects for direct air capture (as defined in paragraph
(6)(B)(i) of section 103(g) of the Clean Air Act (42 U.S.C. 7403(g)); and
``(ii) carbon dioxide pipelines.''.
(e) Development of Carbon Capture, Utilization, and Sequestration Report, Permitting Guidance, and Regional Permitting Task Force.--
(1) Definitions.--In this subsection:
(A) Carbon capture, utilization, and sequestration projects.--The term ``carbon capture, utilization, and sequestration projects'' includes projects for direct air capture (as defined in paragraph (6)(B)(i) of section 103(g) of the Clean Air Act (42 U.S.C. 7403(g))).
(B) Efficient, orderly, and responsible.--The term
``efficient, orderly, and responsible'' means, with respect to development or the permitting process for carbon capture, utilization, and sequestration projects and carbon dioxide pipelines, a process that is completed in an expeditious manner while maintaining environmental, health, and safety protections.
(2) Report.--
(A) In general.--Not later than 180 days after the date of enactment of this Act, the Chair of the Council on Environmental Quality (referred to in this section as the
``Chair''), in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of the Interior, the Executive Director of the Federal Permitting Improvement Council, and the head of any other relevant Federal agency (as determined by the President), shall prepare a report that--
(i) compiles all existing relevant Federal permitting and review information and resources for project applicants, agencies, and other stakeholders interested in the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines, including--
(I) the appropriate points of interaction with Federal agencies;
(II) clarification of the permitting responsibilities and authorities among Federal agencies; and
(III) best practices and templates for permitting;
(ii) inventories current or emerging activities that transform captured carbon dioxide into a product of commercial value, or as an input to products of commercial value;
(iii) inventories existing initiatives and recent publications that analyze or identify priority carbon dioxide pipelines needed to enable efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects at increased scale;
(iv) identifies gaps in the current Federal regulatory framework for the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines; and
(v) identifies Federal financing mechanisms available to project developers.
(B) Submission; publication.--The Chair shall--
(i) submit the report under subparagraph (A) to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives; and
(ii) as soon as practicable, make the report publicly available.
(3) Guidance.--
(A) In general.--After submission of the report under paragraph (2)(B), but not later than 1 year after the date of enactment of this Act, the Chair shall submit guidance consistent with that report to all relevant Federal agencies that--
(i) facilitates reviews associated with the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines; and
(ii) supports the efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines.
(B) Requirements.--
(i) In general.--The guidance under subparagraph (A) shall address requirements under--
(I) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(II) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
(III) the Clean Air Act (42 U.S.C. 7401 et seq.);
(IV) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(V) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(VI) division A of subtitle III of title 54, United States Code (formerly known as the ``National Historic Preservation Act'');
(VII) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
(VIII) the Act of June 8, 1940 (16 U.S.C. 668 et seq.)
(commonly known as the ``Bald and Golden Eagle Protection Act''); and
(IX) any other Federal law that the Chair determines to be appropriate.
(ii) Environmental reviews.--The guidance under subparagraph (A) shall include direction to States and other interested parties for the development of programmatic environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for carbon capture, utilization, and sequestration projects and carbon dioxide pipelines.
(iii) Public involvement.--The guidance under subparagraph
(A) shall be subject to the public notice, comment, and solicitation of information procedures under section 1506.6 of title 40, Code of Federal Regulations (or a successor regulation).
(C) Submission; publication.--The Chair shall--
(i) submit the guidance under subparagraph (A) to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives; and
(ii) as soon as practicable, make the guidance publicly available.
(D) Evaluation.--The Chair shall--
(i) periodically evaluate the reports of the task forces under paragraph (4)(E) and, as necessary, revise the guidance under subparagraph (A); and
(ii) each year, submit to the Committee on Environment and Public Works of the Senate, the Committee on Energy and Commerce of the House of Representatives, and relevant Federal agencies a report that describes any recommendations for legislation, rules, revisions to rules, or other policies that would address the issues identified by the task forces under paragraph (4)(E).
(4) Task force.--
(A) Establishment.--Not later than 18 months after the date of enactment of this Act, the Chair shall establish not less than 2 task forces, which shall each cover a different geographical area with differing demographic, land use, or geological issues--
(i) to identify permitting and other challenges and successes that permitting authorities and project developers and operators face; and
(ii) to improve the performance of the permitting process and regional coordination for the purpose of promoting the efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines.
(B) Members and selection.--
(i) In general.--The Chair shall--
(I) develop criteria for the selection of members to each task force; and
(II) select members for each task force in accordance with subclause (I) and clause (ii).
(ii) Members.--Each task force--
(I) shall include not less than 1 representative of each of--
(aa) the Environmental Protection Agency;
(bb) the Department of Energy;
(cc) the Department of the Interior;
(dd) any other Federal agency the Chair determines to be appropriate;
(ee) any State that requests participation in the geographical area covered by the task force;
(ff) developers or operators of carbon capture, utilization, and sequestration projects or carbon dioxide pipelines; and
(gg) nongovernmental membership organizations, the primary mission of which concerns protection of the environment; and
(II) at the request of a Tribal or local government, may include a representative of--
(aa) not less than 1 local government in the geographical area covered by the task force; and
(bb) not less than 1 Tribal government in the geographical area covered by the task force.
(C) Meetings.--
(i) In general.--Each task force shall meet not less than twice each year.
(ii) Joint meeting.--To the maximum extent practicable, the task forces shall meet collectively not less than once each year.
(D) Duties.--Each task force shall--
(i) inventory existing or potential Federal and State approaches to facilitate reviews associated with the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines, including best practices that--
(I) avoid duplicative reviews;
(II) engage stakeholders early in the permitting process; and
(III) make the permitting process efficient, orderly, and responsible;
(ii) develop common models for State-level carbon dioxide pipeline regulation and oversight guidelines that can be shared with States in the geographical area covered by the task force;
(iii) provide technical assistance to States in the geographical area covered by the task force in implementing regulatory requirements and any models developed under clause
(ii);
(iv) inventory current or emerging activities that transform captured carbon dioxide into a product of commercial value, or as an input to products of commercial value;
(v) identify any priority carbon dioxide pipelines needed to enable efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects at increased scale;
(vi) identify gaps in the current Federal and State regulatory framework and in existing data for the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines;
(vii) identify Federal and State financing mechanisms available to project developers; and
(viii) develop recommendations for relevant Federal agencies on how to develop and research technologies that--
(I) can capture carbon dioxide; and
(II) would be able to be deployed within the region covered by the task force, including any projects that have received technical or financial assistance for research under paragraph (6) of section 103(g) of the Clean Air Act (42 U.S.C. 7403(g)).
(E) Report.--Each year, each task force shall prepare and submit to the Chair and to the other task forces a report that includes--
(i) any recommendations for improvements in efficient, orderly, and responsible issuance or administration of Federal permits and other Federal authorizations required under a law described in paragraph (3)(B)(i); and
(ii) any other nationally relevant information that the task force has collected in carrying out the duties under subparagraph (D).
(F) Evaluation.--Not later than 5 years after the date of enactment of this Act, the Chair shall--
(i) reevaluate the need for the task forces; and
(ii) submit to Congress a recommendation as to whether the task forces should continue.
______
SA 321. Ms. CANTWELL submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title III, add the following:
SEC. 333. STUDY ON FEASIBILITY OF CONDUCTING TRAINING FOR EA-
18 GROWLERS USING A DECOMMISSIONED AIRCRAFT
CARRIER.
(a) In General.--The Secretary of the Navy shall conduct a study on the feasibility of conducting training for EA-18 Growlers using a decommissioned aircraft carrier as an alternative to training for such aircraft conducted as of the date of the enactment of this Act.
(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study conducted under subsection (a).
______
SA 322. Ms. CANTWELL submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title III, add the following:
SEC. 360. MONITORING OF NOISE FROM FLIGHTS AND TRAINING OF
EA-18G GROWLERS ASSOCIATED WITH NAVAL AIR
STATION WHIDBEY ISLAND.
(a) In General.--The Secretary of Defense shall provide for real-time monitoring of noise from all flights and training of EA-18G Growlers associated with Naval Air Station Whidbey Island, including monitoring of noise relating to--
(1) field carrier landing practice at--
(A) Naval Outlying Field (OLF) Coupeville; and
(B) Ault Field; and
(2) training conducted above or adjacent to public land.
(b) Public Availability.--The Secretary shall publish the results of any monitoring conducted under subsection (a) on a publicly available Internet website of the Department of Defense.
(c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the monitoring conducted under subsection (a).
______
SA 323. Ms. DUCKWORTH submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 12__. STATEMENT OF POLICY AND SENSE OF SENATE ON MUTUAL
DEFENSE TREATY WITH THE REPUBLIC OF THE
PHILIPPINES.
(a) Statement of Policy.--It is the policy of the United States that--
(1) while the United States has long adopted an approach that takes no position on the ultimate disposition of the disputed sovereignty claims of the Spratly Islands, the use of force is unacceptable;
(2) respect for and adherence to arbitral decisions issued pursuant to the United Nations Convention on the Law of the Sea by all parties is crucial; and
(3) an attack on the armed forces, public vessels, or aircraft of the Republic of the Philippines within the metropolitan territory of the Republic of the Philippines or on island territories in the Pacific under the jurisdiction of the Republic of the Philippines, including the South China Sea, would compel the United States to act pursuant to Article IV of the Mutual Defense Treaty between the Republic of the Philippines and the United States of America, done at Washington August 30, 1951, to meet common dangers in accordance with the constitutional processes of the Republic of the Philippines.
(b) Sense of Senate.--It is the sense of the Senate that the Secretary of State and the Secretary of Defense should--
(1) affirm the commitment of the United States to the Mutual Defense Treaty between the United States and the Republic of the Philippines;
(2) preserve and strengthen the alliance of the United States with the Republic of the Philippines;
(3) prioritize efforts to develop a shared understanding of alliance commitments and defense planning; and
(4) provide appropriate support to the Republic of the Philippines to strengthen the self-defense capabilities of the Republic of the Philippines, particularly in the maritime domain.
______
SA 324. Ms. ROSEN submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title III, add the following:
SEC. 333. ESTABLISHMENT OF ADVERSARY AIR TRAINING PROGRAM FOR
THE AIR FORCE.
(a) In General.--The Secretary of the Air Force shall implement an adversary air training program through the award of contracts to qualified entities, as determined by the Secretary, through the use of competitive procurement under the provisions of the Federal Acquisition Regulation to enhance competition, maximize savings, and provide a variety of adversary aircraft.
(b) Elements of Program.--The program under subsection (a) shall--
(1) leverage commercial adversary air support as a most efficient use of experienced instructors, re-purposed supersonic fighter aircraft, and specialized equipment to restore peer adversary capability in tactical services through threat-representative adversary support;
(2) promote stability to acquire and retain experienced fighter tactics instructor pilots and aircraft maintainers, along with fighter aircraft and systems, so as to have a safe, effective, and sustainable commercial adversary air program;
(3) preserve Air Force program flexibility through subsequent task orders for individual location support;
(4) immediately reduce airframe and engine hours accumulated on front line aircraft currently being used as adversary air training aircraft;
(5) preserve operational flight hours and aircraft available for mission readiness training; and
(6) realize immediate front line aircraft operations and maintenance savings by aggressively transitioning to commercial adversary air training programs.
(c) Types of Contracts.--The Secretary of the Air Force shall carry out the program under subsection (a) through the award of ten-year indefinite delivery, indefinite quantity contracts.
(d) Use of Funds.--In carrying out this section, the Secretary of the Air Force may use funds authorized for Air Force Operation and Maintenance in--
(1) this Act; and
(2) the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232).
______
SA 325. Ms. ROSEN submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1061. REPORT ON NATIONAL GUARD AND UNITED STATES
NORTHERN COMMAND CAPACITY TO MEET HOMELAND
DEFENSE AND SECURITY INCIDENTS.
Not later than September 30, 2020, the Chief of the National Guard Bureau shall, in consultation with the Commander of United States Northern Command, submit to the congressional defense committees a report setting forth the following:
(1) A clarification of the roles and missions, structure, capabilities, and training of the National Guard and the United States Northern Command, and an identification of emerging gaps and shortfalls in light of current homeland security threats to our country.
(2) A list of the resources that each State and Territory National Guard has at its disposal that are available to respond to a homeland defense or security incident, with particular focus on a multi-State electromagnetic pulse event.
(3) The readiness and resourcing status of forces listed pursuant to paragraph (2).
(4) The current strengths and areas of improvement in working with State and Federal interagency partners.
(5) The current assessments that address National Guard readiness and resourcing of regular United States Northern Command forces postured to respond to homeland defense and security incidents.
(6) A roadmap to 2040 that addresses readiness across the spectrum of long-range emerging threats facing the United States.
______
SA 326. Mr. CARPER (for himself, Mr. Tester, Mr. Johnson, and Mr. Grassley) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1086. REST AND RECUPERATION LEAVE AND FOREIGN HOLIDAY
LEAVE.
(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'--
``(A) means an Executive agency; and
``(B) does not include the Government Accountability Office;
``(2) the term `combat zone' means--
``(A) 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;
``(B) an area designated by law to be treated as a combat zone; or
``(C) a location the Secretary 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 the term in section 6301;
``(4) the term `high risk, high threat post' has the meaning given the 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.--
``(1) In general.--During a leave year, the head of an agency may grant not more than 20 days of leave without loss of or reduction in pay, leave to which an employee is otherwise entitled under law, or credit for time or service to a civilian employee of the agency serving in a combat zone or other high risk, high threat post for the purposes of rest and recuperation.
``(2) Conversion of leave period into hours.--The 20 days of leave referred to in paragraph (1) shall be converted to 160 hours of leave for full-time employees and proportionally adjusted for employees with a part-time tour of duty or an uncommon tour of duty in which the hours for which leave may be charged are in excess of 80 hours in a biweekly pay period.
``(c) Discretionary Authority of Agency Head.--
``(1) In general.--Use of the authority under subsection
(b) shall be at the sole and exclusive discretion of the head of the agency concerned.
``(2) Policies.--The head of an agency may prescribe agency-wide policies to govern the use of the authority under subsection (b) within the agency.
``(d) Records.--An agency shall record leave provided under this section separately from leave authorized under any other provision of law.
``Sec. 6329e. Foreign holiday leave
``(a) Definitions.--In this section--
``(1) the term `agency'--
``(A) means an Executive agency; and
``(B) 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 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 Local Holidays Observed in Foreign Areas.--During a leave year, the head of an agency may grant not more than 5 days of leave without loss of or reduction in pay, leave to which an employee is otherwise entitled under law, or credit for time or service to a civilian employee of the agency serving in a foreign area for local holidays observed in the foreign area--
``(1) if the head of the agency determines that the conduct of business during the local holidays would be inconsistent with host-country practice or otherwise not in the best interest of the United States; or
``(2) for such other reasons as the head of the agency determines necessary to advance the diplomatic interests of the United States.
``(c) Discretionary Authority of Agency Head.--
``(1) In general.--Use of the authority under subsection
(b) shall be at the sole and exclusive discretion of the head of the agency concerned.
``(2) Policies.--The head of an agency may prescribe agency-wide policies to govern the use of the authority under subsection (b) within the agency.
``(d) Records.--An agency shall record leave provided under this section separately from leave authorized under any other provision of law.''.
(b) Clerical Amendment.--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. Foreign holiday leave.''.
______
SA 327. Ms. CORTEZ MASTO submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title IX, add the following:
SEC. 906. INSTITUTIONALIZATION WITHIN DEPARTMENT OF DEFENSE
OF RESPONSIBILITIES AND AUTHORITIES OF THE
CHIEF MANAGEMENT OFFICER.
(a) Manner of Direction of Business-related Activities of Military Departments.--The Secretary of Defense shall determine the manner in which the Chief Management Officer directs the business-related activities of the military departments.
(b) Responsibility for Defense Agencies and Field Activities.--The Secretary shall determine the responsibilities and authorities, if any, of the Chief Management Officer for the Defense Agencies and the Department of Defense Field Activities, including a determination as to the following:
(1) Whether one or more additional Defense Agencies, Department of Defense Field Activities, or both should provide shared business services.
(2) Which Defense Agencies, Department of Defense Field Activities, or both should be required to submit their proposed budgets for enterprise business operations to the Chief Management Officer for review.
(c) Assignment of Responsibilities and Authorities.--The Secretary shall, in light of determinations under subsections
(a) and (b), assign the responsibilities and authorities of the Chief Management Officer (whether specified in statute or otherwise), and the manner of the discharge of such responsibilities and authorities, applicable Department-wide, as appropriate.
(d) Plan of Action Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a plan, including a timeline, for carrying out the requirements of this section.
______
SA 328. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title VIII, add the following:
SEC. 866. CIVILIAN LEADERSHIP OF CROSS FUNCTIONAL TEAMS.
The Secretary of Defense shall ensure that--
(1) all Cross Functional Teams (CFTs) have civilian leadership;
(2) all civilian and senior military personnel assigned to leadership positions within defense acquisition organizations and Cross Functional Teams (CFTs) possess the appropriate acquisition certifications as directed by the Defense Acquisition Workforce Improvement Act (title XII of Public Law 110-510); and
(3) the Army Futures Command reports directly to the Assistant Secretary of the Army for Acquisition, Logistics, and Technology, which will have final authority over all acquisition and modernization decisions for the Army.
______
SA 329. Mr. VAN HOLLEN (for himself, Mr. Merkley, Mr. Warner, Mr. Brown, and Mr. Kaine) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert the following:
SEC. 10__. REAFFIRMING THE AUTHORITY OF THE UNDER SECRETARY
OF AGRICULTURE FOR RESEARCH, EDUCATION, AND
ECONOMICS.
Subtitle F of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971) is amended by adding at the end the following:
``SEC. 252. REAFFIRMING THE AUTHORITY OF THE UNDER SECRETARY.
``(a) In General.--Notwithstanding the authority specified in Reorganization Plan Numbered 2 of 1953 (67 Stat. 633; 5 U.S.C. App.; 7 U.S.C. 2201 note) or any other provision of Federal law relating to the authority of the Secretary, including section 296--
``(1) the Agricultural Research Service, the Economic Research Service, the National Agricultural Statistics Service, and the National Institute of Food and Agriculture
(and any successor agency to any of those agencies) shall be within the research, education, and economics mission area of the Department;
``(2) the authority to administer each of those agencies is vested in the Under Secretary for Research, Education, and Economics; and
``(3) the authority to administer those agencies may not be vested in the head of another agency within the Department.
``(b) Location of Agencies.--The Secretary shall locate the headquarters of the Economic Research Service and the National Institute of Food and Agriculture, and the majority of the staff of each of those agencies, within the National Capital Region to ensure maximum coordination and interaction--
``(1) between those agencies;
``(2) between each of those agencies and the agencies delivering the food and agricultural programs and services of the Department; and
``(3) between each of those agencies and other Federal science agencies (including science agencies of the Department).''.
______
SA 330. Ms. DUCKWORTH submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title III, add the following:
SEC. 333. SENSE OF SENATE ON PRIORITIZING SURVIVABLE
LOGISTICS FOR THE DEPARTMENT OF DEFENSE.
It is the sense of the Senate that--
(1) resilient and agile logistics are necessary to implement the 2018 National Defense Strategy because it enables the United States to project power and sustain the fight against its strategic competitors in peacetime and during war;
(2) the joint logistics enterprise of the Armed Forces of the United States faces high-end threats from strategic competitors China, Russia, and Iran, all of whom have invested in anti-access area denial capabilities and gray zone tactics;
(3) there are significant logistics shortfalls, as outlined in the November 2018 final report of the Defense Science Board (DSB) Task Force on Survivable Logistics, which, if left unaddressed, would hamper the readiness and ability of the Armed Forces of the United States to conduct operations globally;
(4) the military departments have not shown a strong commitment to funding logistics, for example--
(A) the Army and the Air Force, excluding the reserve components, requested $76,000,000 and $25,000,000 less, respectively, for logistics between fiscal year 2019 and fiscal year 2020;
(B) since fiscal year 2018, there has been neither a line item request for the National Defense Sealift Fund nor a request to increase more prepositioning or surge ships; and
(C) the Marine Corps only asked for $5,000,000 more in procurement of commercial cargo vehicles for fiscal year 2020; and
(5) the Secretary of Defense should enact the full list of recommendations listed in the November 2018 final report of the Defense Science Board (DSB) Task Force on Survivable Logistics and, particularly, the Secretary should address the chronic underfunding of logistics relative to other priorities of the Department of Defense.
______
SA 331. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XI, insert the following:
SEC. ___. DEPARTMENT OF DEFENSE FAMILY AND MEDICAL LEAVE
BANKS.
(a) In General.--Subchapter V of chapter 63 of title 5, United States Code, is amended--
(1) by redesignating section 6387 as section 6388; and
(2) by inserting after section 6386 the following:
``Sec. 6387. Department of Defense family and medical leave banks
``(a) Definitions.--In this section--
``(1) the term `covered DOD employee' means an individual described in section 6381(1)(A) who is employed by the Department, without regard to whether the individual meets the requirements of section 6381(1)(B);
``(2) the term `Department' means the Department of Defense;
``(3) the term `designated unit' means any agency, component, or other administrative unit of the Department designated by the Secretary under subsection (b)(1);
``(4) the term `family and medical leave bank' means a family and medical leave bank established under subsection
(b)(2);
``(5) the term `leave recipient' means a covered DOD employee whose application under subsection (e)(1) to receive leave from a family and medical leave bank is approved; and
``(6) the term `Secretary' means the Secretary of Defense.
``(b) Establishment of Family and Medical Leave Banks.--The Secretary, in consultation with the Director of the Office of Personnel Management, shall--
``(1) designate the agencies, components, or other administrative units of the Department for which it is appropriate to have a separate family and medical leave bank; and
``(2) establish a family and medical leave bank for each designated unit.
``(c) Establishment of Family and Medical Leave Bank Boards.--
``(1) In general.--For each family and medical leave bank established by the Secretary, the Secretary shall establish a Family and Medical Leave Bank Board consisting of 3 members, at least one of whom shall represent a labor organization or employee group, to administer the family and medical leave bank, in consultation with the Office of Personnel Management.
``(2) Duties.--Each Family and Medical Leave Bank Board, in conjunction with the human resource office for the agency, component, or administrative unit for which the applicable family and medical leave bank was established, shall--
``(A) review and determine whether to approve applications to the family and medical leave bank under subsection (e)(1);
``(B) monitor each case of a leave recipient;
``(C) monitor the amount of leave in the family and medical leave bank and the number of applications for use of leave from the family and medical leave bank; and
``(D) maintain an adequate amount of leave in the family and medical leave bank to the greatest extent practicable.
``(3) Qualifying family and medical events.--To the greatest extent practicable, each Family and Medical Leave Bank Board shall use the certification forms and standards established for purposes of section 6382 in determining whether, for purposes of this section, a circ*mstance described in section 6382(a)(1) exists.
``(d) Crediting of Leave.--
``(1) Forfeited leave.--Any annual leave lost by a covered DOD employee by operation of section 6304 shall be credited to the family and medical leave bank of the designated unit in which the covered DOD employee is employed.
``(2) Additional annual leave contributions.--This section shall not supersede or modify the ability of a covered DOD employee to donate earned annual leave to a qualified recipient under regulations of the Department.
``(3) Contributions of use or lose leave.--
``(A) In general.--A covered DOD employee who is projected to have annual leave that otherwise would be subject to forfeiture at the end of the leave year under section 6304 may submit an application in writing requesting that a specified number of hours (not to exceed the number of hours projected to be subject to forfeiture) be transferred from the annual leave account of the covered DOD employee to the family and medical leave bank for the designated unit in which the covered DOD employee is employed.
``(B) Approval.--If a Family and Medical Leave Bank Board approves an application by a covered DOD employee under subparagraph (A), the Secretary shall transfer to the family and medical leave bank of the designated unit in which the covered DOD employee is employed the amount of leave requested to be transferred.
``(e) Application for Leave.--
``(1) In general.--A covered DOD employee who is or anticipates being absent from regularly scheduled duty because of a circ*mstance described in section 6382(a)(1)
(without regard to whether the covered DOD employee is entitled to leave under section 6382(a)(1)) may submit an application to receive leave from the family and medical leave bank of the designated unit in which the covered DOD employee is employed, which shall contain such information as the Secretary, in consultation with the Director of the Office of Personnel Management, shall by regulation prescribe.
``(2) Determination.--A Family and Medical Leave Bank Board may--
``(A) approve an application submitted under paragraph (1); and
``(B) specify the amount of leave that shall be transferred to a covered DOD employee whose application is approved.
``(3) Maximum amount of leave.--
``(A) In general.--A Family and Medical Leave Bank Board may not specify an amount of leave to be transferred to a covered DOD employee that is more than the amount of leave described in subparagraph (B).
``(B) Amount.--The amount described in this subparagraph is--
``(i) with respect to a full-time covered DOD employee, 12 weeks; and
``(ii) with respect to a part-time covered DOD employee, the amount equal to the product obtained by multiplying--
``(I) 12 weeks; by
``(II) the quotient obtained by dividing--
``(aa) the number of hours in the regularly scheduled workweek of the part-time covered DOD employee; by
``(bb) the number of hours in the regularly scheduled workweek of a covered DOD employee serving in a comparable position on a full-time basis.
``(4) Transfer.--The Secretary shall transfer to a covered DOD employee whose application is approved under paragraph
(2)(A) the number of hours of leave specified under paragraph
(2)(B) from the family and medical leave bank for the designated unit in which the covered DOD employee is employed.
``(f) Use of Leave.--
``(1) Coordination with existing fml.--A leave recipient who is entitled to leave under section 6382(a)(1) shall use any leave transferred to the leave recipient from a family and medical leave bank in accordance with section 6382(d)(2).
``(2) Failure to use leave.--
``(A) In general.--Any leave transferred to a leave recipient from a family and medical leave bank that is not used before the end of the 12-month period beginning on the date described in subparagraph (B)--
``(i) shall be forfeited by the leave recipient; and
``(ii) shall be credited to the family and medical leave bank from which the leave was transferred.
``(B) Start of period for use.--The date described in this subparagraph is the later of--
``(i) the date on which the circ*mstance described in section 6382(a)(1) arises; or
``(ii) the date on which leave is transferred to the covered DOD employee under subsection (e)(4).''.
(b) Use of Family and Medical Leave.--Section 6382(d) of title 5, United States Code, is amended--
(1) by inserting ``(1)'' before ``An employee may elect'' the first place it appears; and
(2) by adding at the end the following:
``(2)(A) In this paragraph, the term `covered DOD employee' has the meaning given that term in section 6387.
``(B) A covered DOD employee entitled to leave under subsection (a)(1) to whom leave is transferred from a family and medical leave bank under section 6387--
``(i) shall substitute for any leave without pay under subsection (a)(1) the amount of leave transferred to the employee from the family and medical leave bank; and
``(ii) may substitute for any leave without pay under subsection (a)(1) any annual or sick leave accrued or accumulated by such employee under subchapter I.
``(C) A covered DOD employee to whom leave is transferred from a family and medical leave bank shall first use all of the transferred leave before using leave described in subparagraph (B)(ii).
``(D) The Director of the Office of Personnel Management shall prescribe any regulations necessary to carry out this paragraph.''.
(c) OPM Authority.--If the Director of the Office of Personnel Management determines expanding the family and medical leave bank program Governmentwide would be appropriate, the Director may prescribe regulations granting Executive agencies (as defined in section 105 of title 5, United States Code) the authority to establish family and medical leave banks, in the same manner as provided under the amendments made by subsections (a) and (b), to the maximum extent practicable.
(d) Technical and Conforming Amendment.--The table of sections for chapter 63 of title 5, United States Code, is amended by striking the item relating to section 6387 and inserting the following:
``6387. Department of Defense family and medical leave banks.
``6388. Regulations.''.
______
SA 332. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. PROHIBITION ON INTRODUCTION OF UNITED STATES ARMED
FORCES INTO HOSTILITIES WITH RESPECT TO
VENEZUELA.
(a) Short Title.--This section may be cited as the
``Prohibiting Unauthorized Military Action in Venezuela Resolution of 2019''.
(b) Prohibition.--Except as consistent with the requirements of the War Powers Resolution (50 U.S.C. 1541 et seq.), none of the amounts authorized to be appropriated or otherwise made available for the Department of Defense, or for any other department or agency of the United States Government, may be used to introduce the Armed Forces of the United States into hostilities with respect to Venezuela, except pursuant to a specific statutory authorization by Congress enacted after the date of the enactment of this Act.
______
SA 333. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the following:
SEC. __. REQUIREMENTS FOR CIVILIAN NUCLEAR COOPERATION
AGREEMENT WITH SAUDI ARABIA.
The United States may not enter into a civilian nuclear cooperation agreement under section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), commonly known as a ``123 Agreement'', unless the agreement--
(1) prohibits the Kingdom of Saudi Arabia from enriching uranium or separating plutonium on Saudi Arabian territory in keeping with the strongest possible nonproliferation ``gold standard''; and
(2) requires the Kingdom of Saudi Arabia to bring into force the Additional Protocol with the International Atomic Energy Agency.
______
SA 334. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. ____. PROHIBITION ON USE OF FUNDS FOR HOUSING
UNACCOMPANIED ALIEN CHILDREN.
None of the funds authorized to be appropriated under this Act may be used to approve an interagency agreement or a memorandum of understanding between the Secretary of Defense and the Secretary of Health and Human Services for the reimbursem*nt of expenses relating to housing or providing shelter for unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)).
______
SA 335. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1262. UNITED STATES STRATEGY WITH RESPECT TO THE NUCLEAR
FORCES OF PEOPLE'S REPUBLIC OF CHINA.
(a) Statement of Policy.--Congress declares that making long-term strategic competition with the People's Republic of China a principal priority for the United States elevates the importance of strategic stability dialogue aimed at reducing the risk of inadvertent nuclear war.
(b) Strategy Required.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a strategy with respect to the nuclear forces of the People's Republic of China.
(2) Elements of strategy.--The strategy required by paragraph (1) shall include the following:
(A) Updates to the tailored strategy for the People's Republic of China articulated in the 2018 Nuclear Posture Review.
(B) Objectives of strategic stability and arms control dialogues with the People's Republic of China.
(C) An assessment of actions that could be interpreted by the United States or the People's Republic of China as provocative or requiring a strategic response.
(D) Measures to avoid inadvertent escalation of conflict between the United States and the People's Republic of China.
(E) Consideration of actions the United States anticipates the People's Republic of China seeking in bilateral or multilateral arms control negotiations.
(F) A description of engagements with the People's Republic of China on issues related to strategic stability.
(G) An assessment of whether sufficient personnel are currently dedicated to strategic stability and arms control with the People's Republic of China.
(H) A description of the steps required to negotiate a bilateral or multilateral arms control agreement with the People's Republic of China.
(3) Form.--The strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(c) Study Required.--
(1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct a study on avoiding inadvertent nuclear war with the People's Republic of China.
(2) Elements of study.--The study required by paragraph (1) shall, at a minimum--
(A) provide a detailed description of the current composition of the nuclear forces of the People's Republic of China, including the quantity of nuclear warheads and nuclear-capable delivery systems, as well as anticipated changes in its nuclear force structure through fiscal year 2029;
(B) assess the nuclear doctrine of the People's Republic of China; and
(C) identify potential pathways to inadvertent escalation to nuclear war.
(3) Submission to department of defense.--Not later than 240 days after the date of the enactment of this Act, the federally funded research and development center described in paragraph (1) shall submit to the Secretary a report containing the results of the study conducted under that paragraph.
(4) Submission to congress.--Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees the report required by paragraph (3), without making any changes.
(d) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
______
SA 336. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the following:
SEC. __. UNITED STATES POLICY WITH RESPECT TO THE NEW START
TREATY.
(a) Statement of Policy.--It is the policy of the United States to extend the New START Treaty an additional five years until February 2026, as is permitted under Article XIV of the Treaty, unless--
(1) the President determines that the Russian Federation is in material breach of its obligations under the Treaty; or
(2) the United States and the Russian Federation enter into a new bilateral agreement that places equal or greater verifiable constraints on the Russian Federation's nuclear forces.
(b) Report.--
(1) In general.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, with the concurrence of the Director of National Intelligence and the Secretary of State, shall submit to the appropriate committees of Congress a report on the implementation of the policy stated in subsection (a).
(2) Elements.--The report required under paragraph (1) shall include the following elements:
(A) A description of anticipated changes to the Russian Federation's nuclear force structure in the event the New START Treaty expires in 2021 and how and at what cost the United States would plan to make corresponding changes to its own nuclear force posture.
(B) A description of how and at what cost the United States plans to replace the New START Treaty's onsite inspections and other verification measures, which provide insight into the size, movement, and disposition of Russian strategic forces.
(C) An assessment of when new Russian nuclear weapons systems that the United States has notified the Russian Federation may be accountable under the Treaty are anticipated to enter deployment prior to 2026 and in what number.
(D) An analysis of how the Treaty's expiration in 2021 is likely to impact the willingness of the People's Republic of China to engage in strategic arms control talks as well as what changes it may make to the current posture and size of Chinese nuclear forces.
(E) An analysis of how a decision to delay the decision to extend the Treaty until 2020 will impact planning by the Defense Threat Reduction Agency (DTRA) for United States onsite inspections of the Russian Federation in calendar year 2021.
(F) A description of the views of United States allies in Europe and the Indo-Pacific toward extension of the Treaty, in particular its value in preserving NATO support for the Alliance's nuclear extended deterrence mission.
(3) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional defense committees;
(B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and
(C) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) New start treaty.--The term ``New START Treaty'' means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed April 8, 2010, and entered into force February 5, 2011.
______
SA 337. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title I, add the following:
SEC. 155. PROHIBITION ON USE OF FUNDS FOR PROCUREMENT, FLIGHT
TESTING, OR DEPLOYMENT OF SHORTER- OR
INTERMEDIATE-RANGE GROUND LAUNCHED BALLISTIC OR
CRUISE MISSILE SYSTEM.
(a) In General.--None of the amounts authorized to be appropriated by this Act for the Department of Defense for fiscal year 2020 may be made available for the procurement, flight testing, or deployment of any United States shorter- or intermediate-range ground launched ballistic or cruise missile system with a range between 500 and 5,500 kilometers until the Secretary of Defense, in concurrence with the Secretary of State and the Director of National Intelligence, submits a report and offers a briefing to the appropriate committees of Congress that--
(1) includes a Memorandum of Understanding (MOU) from a NATO or Indo-Pacific ally that commits it to host deployment of any such missile on its own territory, and in the case of deployment on the European continent, has the concurrence of the North Atlantic Council;
(2) provides a detailed diplomatic proposal for negotiating an agreement to obtain the strategic stability benefits of the INF Treaty;
(3) assesses the implications, in terms of the military threat to the United States and its allies in Europe and the Indo-Pacific, of a Russian Federation deployment of intermediate-range cruise and ballistic missiles without restriction;
(4) identifies what types of technologies and programs the United States would need to pursue to offset the additional Russian capabilities, and at what cost;
(5) identifies what mission requirements with respect to the Russian Federation and the People's Republic of China will be met by INF-type systems;
(6) identifies the degree to which INF-compliant capabilities, such as sea and air-launched cruise missiles, can meet those same mission requirements; and
(7) identifies the ramifications of a collapse of the INF Treaty on the ability to generate consensus among States Parties to the NPT Treaty ahead of the 2020 NPT Review Conference, and assesses the degree to which the Russian Federation will use the United States unilateral withdrawal to sow discord within the NATO alliance.
(b) Form of Report.--The report required under subsection
(a) shall be unclassified with a classified annex.
(c) Rule of Construction.--Nothing in this section shall be construed to authorize the use of the amounts authorized to be appropriated under this Act for the procurement, testing, or deployment of INF-type systems in the United States or its territories.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives.
(2) INF treaty.--The term ``INF Treaty'' means the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, together with the Memorandum of Understanding and Two Protocols, signed at Washington December 8, 1987, and entered into force June 1, 1988.
(3) NPT treaty.--The term ``NPT Treaty'' means the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington July 1, 1968
______
SA 338. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. STUDY ON COLLABORATION BETWEEN DEPARTMENT OF
DEFENSE AND DEPARTMENT OF ENERGY ON ENERGY
RESEARCH, DEVELOPMENT, AND TECHNOLOGY TRANSFER.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense will invest $1,600,000,000 this year in research, development, testing, and evaluation
(RDT&E) that is directly related to energy.
(2) Such investment in energy reflects the Armed Forces' characteristic pursuit of advanced technology as a force multiplier.
(3) The Department played a major role in the development of at least three of the most important energy innovations of the last 75 years, namely the nuclear reactor, the gas turbine or jet engine, and the solar photovoltaic (PV) cell.
(4) The Department has been the driver for many major non-energy innovations as well, including radar, satellites, the Global Positioning System (GPS), lasers, computers and semiconductors, robotics, artificial intelligence, and the Internet.
(5) The energy needs of the Department are changing and growing. Most significant, the dramatic increase in electrical systems onboard military platforms is driving electrification of the battlefield. That and the need to reduce the logistics footprint are creating requirements for distributed and portable power generation, smart energy networks, improved energy storage, and wireless power transmission.
(6) The approach of the Department to innovation is well suited to energy innovation, including vendors' need to both demonstrate their complex technologies at scale, under realistic conditions (Department bases and platforms, combined with the Armed Forces' test-and-evaluation culture are a unique resource), and compete on price with low-cost incumbents (the Department values performance over price, and the military market is large enough to yield economies of scale and learning by doing).
(b) Study and Report Required.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall--
(A) complete a study on identifying impediments to, and opportunities for, greater collaboration between the Department of Defense and the Department of Energy on energy research, development, and potential technology transfer, particularly in the areas of solar photovoltaic, micorgrids, energy storage, and wide bandgap semiconductors; and
(B) submit to Congress the findings of the Secretary with respect to the study completed under subparagraph (A).
(2) Identification of authority gaps.--In carrying out the study required by paragraph (1)(A), the Secretary shall identify current areas where the executive branch does not have adequate authority to foster the collaboration described in such paragraph.
______
SA 339. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ____. ANNUAL REPORT ON CIVILIAN CASUALTIES IN CONNECTION
WITH OPERATIONS BY THE INTELLIGENCE COMMUNITY.
(a) Annual Report Required.--Not later than May 1 each year, the Director of National Intelligence shall submit to the congressional intelligence committees a report on civilian casualties caused as a result of United States intelligence operations during the preceding year.
(b) Elements.--Each report under subsection (a) shall set forth the following:
(1) A list of all the United States intelligence operations, including each specific mission, strike, engagement, raid, or incident, during the year covered by such report that were confirmed, or reasonably suspected, to have resulted in civilian casualties.
(2) For each intelligence operation listed pursuant to paragraph (1), each of the following:
(A) The date.
(B) The location.
(C) An identification of whether the operation occurred inside or outside of a declared theater of active armed conflict.
(D) The type of operation.
(E) An assessment of the number of civilian and enemy combatant casualties, including a differentiation between those killed and those injured.
(3) A description of the process by which the intelligence community investigates allegations of civilian casualties resulting from United States intelligence operations, and, when appropriate, makes ex gratia payments to the victims or their families.
(4) A description of steps taken by the intelligence community to mitigate harm to civilians in conducting such operations.
(5) Any update or modification to any report under this section during a previous year.
(6) Any other matters the Director determines are relevant.
(c) Use of Sources.--In preparing a report under this section, the Director shall take into account relevant and credible all-source reporting, including information from public reports and nongovernmental sources.
(d) Form.--
(1) In general.--Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(2) Availability.--The unclassified form of each report shall, at a minimum, be responsive to each element under subsection (b) of a report under subsection (a), and shall be made available to the public at the same time it is submitted to Congress (unless the Director certifies in writing that the publication of such information poses a threat to the national security interests of the United States).
(e) Definitions.--In this section:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence community'' has the meaning given such term in such section.
(f) Sunset.--The requirement to submit a report under subsection (a) shall expire on the date that is five years after the date of the enactment of this Act.
______
SA 340. Mr. COONS (for himself, Mr. Tillis, Ms. Klobuchar, Ms. Sinema, Mr. Young, Ms. Duckworth, Mr. Markey, Mr. Jones, Ms. Collins, and Mr. Kaine) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle F of title X, insert the following:
SEC. ___. JOHN S. MCCAIN III HUMAN RIGHTS COMMISSION.
(a) Commission Establishment.--
(1) In general.--There is established in the Senate the John S. McCain III Human Rights Commission (in this section referred to as the ``Commission'').
(2) Duties.--The Commission shall--
(A) serve as a forum for bipartisan discussion of international human rights issues and promotion of internationally recognized human rights as enshrined in the Universal Declaration of Human Rights;
(B) raise awareness of international human rights violations through regular briefings and hearings; and
(C) collaborate with the executive branch, human rights entities, and nongovernmental organizations to promote human rights initiatives within the Senate.
(3) Membership.--Any Senator may become a member of the Commission by submitting a written statement to that effect to the Commission.
(4) Co-chairpersons of the commission.--
(A) In general.--Two members of the Commission shall be appointed to serve as co-chairpersons of the Commission, as follows:
(i) One co-chairperson shall be appointed, and may be removed, by the majority leader of the Senate.
(ii) One co-chairperson shall be appointed, and may be removed, by the minority leader of the Senate.
(B) Term.--The term of a member as a co-chairperson of the Commission shall end on the last day of the Congress during which the member is appointed as a co-chairperson, unless the member ceases being a member of the Senate, leaves the Commission, resigns from the position of co-chairperson, or is removed.
(C) Publication.--Appointments under this paragraph shall be printed in the Congressional Record.
(D) Vacancies.--Any vacancy in the position of co-chairperson of the Commission shall be filled in the same manner in which the original appointment was made.
(b) Commission Staff.--
(1) Compensation and expenses.--
(A) In general.--The Commission is authorized, from funds made available under subsection (c), to--
(i) employ such staff in the manner and at a rate not to exceed that allowed for employees of a committee of the Senate under section 105(e)(3) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 4575(e)(3)); and
(ii) incur such expenses as may be necessary or appropriate to carry out its duties and functions.
(B) Expenses.--
(i) In general.--Payments made under this subsection for receptions, meals, and food-related expenses shall be authorized only for actual expenses incurred by the Commission in the course of conducting its official duties and functions.
(ii) Treatment of payments.--Amounts received as reimbursem*nt for expenses described in clause (i) shall not be reported as income, and the expenses so reimbursed shall not be allowed as a deduction under the Internal Revenue Code of 1986.
(2) Designation of professional staff.--
(A) In general.--Each co-chairperson of the Commission may designate 1 professional staff member.
(B) Compensation of senate employees.--In the case of the compensation of any professional staff member designated under subparagraph (A) who is an employee of a Member of the Senate or of a committee of the Senate and who has been designated to perform services for the Commission, the professional staff member shall continue to be paid by the Member or committee, as the case may be, but the account from which the professional staff member is paid shall be reimbursed for the services of the professional staff member
(including agency contributions when appropriate) out of funds made available under subsection (c).
(C) Duties.--Each professional staff member designated under subparagraph (A) shall--
(i) serve all members of the Commission; and
(ii) carry out such other functions as the co-chairperson designating the professional staff member may specify.
(c) Payment of Expenses.--
(1) In general.--The expenses of the Commission shall be paid from the Contingent Fund of the Senate, out of the account of Miscellaneous Items, upon vouchers approved jointly by the co-chairpersons (except that vouchers shall not be required for the disbursem*nt of salaries of employees who are paid at an annual rate of pay).
(2) Amounts available.--For any fiscal year, not more than
$200,000 shall be expended for employees and expenses.
______
SA 341. Mr. CASSIDY submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VII, add the following:
SEC. 718. DEVELOPMENT OF PARTNERSHIPS TO IMPROVE COMBAT
CASUALTY CARE FOR PERSONNEL OF THE ARMED
FORCES.
(a) Partnerships.--
(1) In general.--The Secretary of Defense shall, through the Joint Trauma Education and Training Directorate established under section 708 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1071 note), develop partnerships with civilian academic medical centers and large metropolitan teaching hospitals to improve combat casualty care for personnel of the Armed Forces.
(2) Partnerships with level i trauma centers.--In carrying out partnerships under paragraph (1), trauma surgeons and physicians of the Department of Defense shall partner with level I civilian trauma centers to provide adequate training and readiness for the next generation of medical providers to treat critically injured burn patients.
(b) Support of Partnerships.--The Secretary of Defense shall make every effort to support partnerships under the Joint Trauma Education and Training Directorate with academic institutions that have level I civilian trauma centers, specifically those centers with a burn center, that offer burn rotations and clinical experience to provide adequate training and readiness for the next generation of medical providers to treat critically injured burn patients.
(c) Level I Civilian Trauma Center Defined.--In this section, the term ``level I civilian trauma center'' has the meaning given that term in section 708 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1071 note).
(d) Effective Date.--This section shall take effect on October 1, 2020.
______
SA 342. Mr. HOEVEN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. CONCURRENT USE OF DEPARTMENT OF DEFENSE TUITION
ASSISTANCE AND MONTGOMERY GI BILL-SELECTED
RESERVE BENEFITS.
(a) In General.--Section 16131 of title 10, United States Code, is amended by adding at the end the following new subsection:
``(k)(1) In the case of an individual entitled to educational assistance under this chapter who is pursuing education or training described in subsection (a) or (c) of section 2007 of this title on a half-time or more basis, the Secretary concerned shall, at the election of the individual, pay the individual educational assistance allowance under this chapter for pursuit of such education or training as if the individual were not also eligible to receive or in receipt of educational assistance under section 2007 for pursuit of such education or training.
``(2)(A) In the case of an individual entitled to educational assistance under this chapter who is pursuing education or training described in subsection (a) or (c) of section 2007 of this title on a less than half-time basis, the Secretary concerned shall, at the election of the individual, pay the individual an educational assistance allowance to meet all or a portion of the charges of the educational institution for tuition or expenses for the education or training that are not paid by the Secretary of the military department concerned under such subsection.
``(B)(i) The amount of the educational assistance allowance payable to an individual under this paragraph for a month shall be the amount of the educational assistance allowance to which the individual would be entitled for the month under subsection (b), (d), (e), or (f).
``(ii) The number of months of entitlement charged under this chapter in the case of an individual who has been paid an educational assistance allowance under this paragraph shall be equal to the number (including any fraction) determined by dividing the total amount of such educational assistance allowance paid the individual by the full-time monthly institutional rate of educational assistance which such individual would otherwise be paid under subparagraph
(A), (B), (C), or (D) of subsection (b)(1), subsection (d), subsection (e), or subsection (f), as the case may be.''.
(b) Conforming Amendments.--Section 2007(d) of such title is amended--
(1) in paragraph (1), by inserting ``or chapter 1606 of this title'' after ``of title 38''; and
(2) in paragraph (2), by inserting ``, in the case of educational assistance under chapter 30 of such title, and section 16131(k), in the case of educational assistance under chapter 1606 of this title'' before the period at the end.
______
SA 343. Mr. HOEVEN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. CONCURRENT USE OF DEPARTMENT OF DEFENSE TUITION
ASSISTANCE AND MONTGOMERY GI BILL-SELECTED
RESERVE BENEFITS.
(a) In General.--Section 16131 of title 10, United States Code, is amended by adding at the end the following new subsection:
``(k)(1) In the case of an individual entitled to educational assistance under this chapter who is pursuing education or training described in subsection (a) or (c) of section 2007 of this title, the Secretary shall, at the election of the individual, pay the individual an educational assistance allowance to meet all or a portion of the charges of the educational institution for the education or training that are not paid by the Secretary of the military department concerned under such subsection.
``(2)(A) The amount of the educational assistance allowance payable to an individual under this subsection for a month shall be the amount of the educational assistance allowance to which the individual would be entitled for the month under subsection (b), (d), (e), or (f).
``(B) The number of months of entitlement charged under this chapter in the case of an individual who has been paid an educational assistance allowance under this subsection shall be equal to the number (including any fraction) determined by dividing the total amount of such educational assistance allowance paid the individual by the full-time monthly institutional rate of educational assistance which such individual would otherwise be paid under subparagraph
(A), (B), (C), or (D) of subsection (b)(1), subsection (d), subsection (e), or subsection (f), as the case may be.''.
(b) Conforming Amendments.--Section 2007(d) of such title is amended--
(1) in paragraph (1), by inserting ``or chapter 1606 of this title'' after ``of title 38''; and
(2) in paragraph (2), by inserting ``, in the case of educational assistance under chapter 30 of such title, and section 16131(k), in the case of educational assistance under chapter 1606 of this title'' before the period at the end.
______
SA 344. Mr. HOEVEN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
SEC. 1008. TREATMENT OF ACTIVITIES RELATING TO TRAINING AND
READINESS OF THE ARMED FORCES DURING A LAPSE IN
APPROPRIATIONS AS VOLUNTARY SERVICES ACCEPTABLE
BY THE UNITED STATES.
Section 1342 of title 31, United States Code, is amended by adding at the end the following new sentence: ``However, the term does include any portion of a fiscal year during which the appropriation bill for the fiscal year for the Department of Defense or the Department of Homeland Security, as applicable, has not become law and an Act or joint resolution making continuing appropriations for the fiscal year is not in effect, but only with respect to activities relating to the training and readiness of the Armed Forces (including the National Guard and the Reserves) carried out during such portion of the fiscal year.''.
______
SA 345. Mr. HOEVEN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XVI, add the following:
SEC. 16__. SENSE OF SENATE ON SUPPORT FOR A ROBUST AND MODERN
ICBM FORCE TO MAXIMIZE THE VALUE OF THE NUCLEAR
TRIAD OF THE UNITED STATES.
(a) Findings.--The Senate makes the following findings:
(1) Land-based intercontinental ballistic missiles (in this section referred to as ``ICBMs'') have been a critical part of the strategic deterrent of the United States for 6 decades in conjunction with air and sea-based strategic delivery systems.
(2) President John F. Kennedy referred to the deployment of the first Minuteman missile during the Cuban Missile Crisis as his ``ace in the hole''.
(3) The Minuteman III missile entered service in 1970 and is still deployed in 2019, well beyond its originally intended service life.
(4) The ICBM force of the United States peaked at more than 1,200 deployed missiles during the Cold War.
(5) The ICBM force of the United States currently consists of approximately 400 Minuteman III missiles deployed across 450 operational missile silos, each carrying a single warhead.
(6) The Russian Federation currently deploys at least 300 ICBMs with multiple warheads loaded on each missile and has announced plans to replace its Soviet-era systems with modernized ICBMs.
(7) The People's Republic of China currently deploys at least 75 ICBMs and plans to grow its ICBM force through the deployment of modernized, road-mobile ICBMs that carry multiple warheads.
(8) The Russian Federation and the People's Republic of China deploy nuclear weapons across a variety of platforms in addition to their ICBM forces.
(9) Numerous countries possess or are seeking to develop nuclear weapons capabilities that pose challenges to the nuclear deterrence of the United States.
(10) The nuclear deterrent of the United States is comprised of a triad of delivery systems for nuclear weapons, including submarine-launched ballistic missiles (in this subsection referred to as ``SLBMs''), air-delivered gravity bombs and cruise missiles, and land-based ballistic missiles that provide interlocking and mutually reinforcing attributes that enhance strategic deterrence.
(11) Weakening one leg of the triad limits the deterrent value of the other legs of the triad.
(12) In the nuclear deterrent of the United States, ICBMs provide commanders with the most prompt response capability, SLBMs provide stealth and survivability, and aircraft armed with nuclear weapons provide flexibility.
(13) The ICBM force of the United States forces any would-be attacker to confront more than 400 discrete targets, thus creating an effectively insurmountable targeting problem for a potential adversary.
(14) The size, dispersal, and global reach of the ICBM force of the United States ensures that no adversary can escalate a crisis beyond the ability of the United States to respond.
(15) A potential attacker would be forced to expend far more warheads to destroy the ICBMs of the United States than the United States would lose in an attack, because of the deployment of a single warhead on each ICBM of the United States.
(16) The ICBM force provides a persistent deterrent capability that reinforces strategic stability.
(17) ICBMs are the cheapest delivery system for nuclear weapons for the United States to operate and maintain.
(18) United States Strategic Command has validated military requirements for the unique capabilities of ICBMs.
(19) In a 2014 analysis of alternatives, the Air Force concluded that replacing the Minuteman III missile would provide upgraded capabilities at lower cost when compared with extending the service life of the Minuteman III missile.
(20) The Minuteman III replacement program, known as the ground-based strategic deterrent, is expected to provide a land-based strategic deterrent capability for 5 decades after the program enters service.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) land-based ICBMs have certain characteristics, including responsiveness, persistence, and dispersal, that enhance strategic stability and magnify the deterrent value of the air and sea-based legs of the nuclear triad of the United States;
(2) ICBMs have played and continue to play a role in deterring attacks on the United States and its allies;
(3) while arms control agreements have reduced the size of the ICBM force of the United States, adversaries of the United States continue to enhance, enlarge, and modernize their ICBM forces;
(4) the modernization of the ICBM force of the United States through the ground-based strategic deterrent program should be supported;
(5) ICBMs have the lowest operation, maintenance, and modernization costs of any part of the nuclear deterrent of the United States; and
(6) efforts to unilaterally reduce the size of the ICBM force of the United States or delay the implementation of the ground-based strategic deterrent program, which would degrade the deterrent capabilities of a fully operational and modernized nuclear triad, should be opposed.
______
SA 346. Mr. HOEVEN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XVI, insert the following:
SEC. 16__. ANNUAL REPORT ON DEVELOPMENT OF GROUND-BASED
STRATEGIC DETERRENT WEAPON.
(a) Report Required.--Not later than February 15, 2020, and annually thereafter until the date on which the ground-based strategic deterrent weapon receives Milestone C approval (as defined in section 2366 of title 10, United States Code), the Secretary of the Air Force, in coordination with the Administrator for Nuclear Security and the Chairman of the Nuclear Weapons Council, shall submit to the congressional defense committees a report describing the joint development of the ground-based strategic deterrent weapon, including the missile developed by the Air Force and the W87-1 warhead modification program conducted by the National Nuclear Security Administration.
(b) Elements.--The report required by subsection (a) shall include the following:
(1) An estimate of the date on which the ground-based strategic deterrent weapon will reach initial operating capability.
(2) A description of any development milestones for the missile developed by the Air Force or the warhead developed by the National Nuclear Security Administration that depend on corresponding progress at the other agency.
(3) A description of coordination efforts between the Air Force and the National Nuclear Security Administration during the year preceding submission of the report.
(4) A description of any schedule delays projected by the Air Force or the National Nuclear Security Administration, including delays related to infrastructure capacity and subcomponent production, and the anticipated effect such delays would have on the schedule of work of the other agency.
(5) Plans to mitigate the effects of any delays described in paragraph (4).
(6) A description of any ways, including through the availability of additional funding or authorities, in which the development milestones described in paragraph (2) or the estimated date of initial operating capability referred to in paragraph (1) could be achieved more quickly.
(c) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
______
SA 347. Ms. BALDWIN submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XV, add the following:
Subtitle C--Other Matters
SEC. 1531. REVIEW OF JOINT IMPROVISED-THREAT DEFEAT
ORGANIZATION RESEARCH RELATING TO HUMANITARIAN
DEMINING EFFORTS.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of the research of the Joint Improvised-Threat Defeat Organization to identify information that may be released to United States humanitarian demining organizations for the purpose of improving the efficiency and effectiveness of humanitarian demining efforts.
(b) Release of Information to Humanitarian Demining Organizations.--The Secretary shall release to United States humanitarian demining organizations research identified under subsection (a).
______
SA 348. Ms. BALDWIN (for herself and Mr. Cornyn) submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1086. EXEMPTION FROM CALCULATION OF MONTHLY INCOME, FOR
PURPOSES OF BANKRUPTCY LAWS, CERTAIN PAYMENTS
FROM THE DEPARTMENT OF VETERANS AFFAIRS AND THE
DEPARTMENT OF DEFENSE.
Section 101(10A) of title 11, United States Code, is amended by striking subparagraph (B) and inserting the following:
``(B)(i) includes any amount paid by any entity other than the debtor (or in a joint case the debtor and the debtor's spouse), on a regular basis for the household expenses of the debtor or the debtor's dependents (and, in a joint case, the debtor's spouse if not otherwise a dependent); and
``(ii) excludes--
``(I) benefits received under the Social Security Act (42 U.S.C. 301 et seq.);
``(II) payments to victims of war crimes or crimes against humanity on account of their status as victims of such crimes;
``(III) payments to victims of international terrorism or domestic terrorism, as those terms are defined in section 2331 of title 18, on account of their status as victims of such terrorism; and
``(IV) any monthly compensation, pension, pay, annuity, or allowance paid under title 10, 37, or 38 in connection with a disability, combat-related injury or disability, or death of a member of the uniformed services, except that any retired pay excluded under this subclause shall include retired pay paid under chapter 61 of title 10 only to the extent that such retired pay exceeds the amount of retired pay to which the debtor would otherwise be entitled if retired under any provision of title 10 other than chapter 61 of that title.''.
______
SA 349. Ms. BALDWIN (for herself and Mr. Hoeven) submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. AUTHORIZING USE OF ALL-VOLUNTEER FORCE EDUCATIONAL
ASSISTANCE FOR PRIVATE PILOT'S LICENSES.
Section 3034(d) of title 38, United States Code, is amended in paragraph (2), by striking ``the individual'' and all that follows through ``training,'' and inserting ``on the day the individual begins a course of flight training, the individual possesses''.
SEC. ___. AUTHORIZATION FOR LUMP SUM PAYMENTS OF POST-9/11
EDUCATIONAL ASSISTANCE FOR PURSUIT OF PROGRAMS
OF EDUCATION CONSISTING OF FLIGHT TRAINING.
Clause (ii) of section 3313(g)(4)(C) of title 38, United States Code, is amended to read as follows:
``(ii) Payment of the amount payable under paragraph (3)(C) for pursuit of a program of education may be made--
``(I) for the entire quarter, semester, or term, as applicable, of the program of education; or
``(II) in one lump sum at the start of the program of education.''.
______
SA 350. Mr. SCOTT of Florida (for himself and Mr. Cotton) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle F of title VIII, add the following:
SEC. 866. REPORT ON CONTRACTS WITH PERSONS AND ENTITIES
AFFILIATED WITH PEOPLE'S REPUBLIC OF CHINA.
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 describing all Department of Defense contracts with companies, persons, or business entities that are owned or operated by, or affiliated with, the Government of the People's Republic of China, or with persons holding Chinese citizenship.
______
SA 351. Mr. SCHUMER (for himself and Mrs. Gillibrand) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 10____. FUNDING LIMITATION FOR THE ERIE CANALWAY
NATIONAL HERITAGE CORRIDOR.
Section 810(a)(1) of the Erie Canalway National Heritage Corridor Act (Public Law 106-554; 114 Stat. 2763A-303; 131 Stat. 461) is amended, in the second sentence, by striking
``$12,000,000'' and inserting ``$14,000,000''.
______
SA 352. Mr. HEINRICH (for himself, Mr. Portman, and Mr. Schatz) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVII--ARTIFICIAL INTELLIGENCE
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Artificial Intelligence Initiative Act'' or ``AI-IA''.
SEC. 1702. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) there is a need for a National Artificial Intelligence Initiative, including a comprehensive strategy for and coordination across agencies on research and development on artificial intelligence;
(2) there are currently several interagency committees working on related tasks with respect to artificial intelligence; and
(3) the reporting structure of such committees could be simplified to address efficiently the goals of an initiative described in paragraph (1).
SEC. 1703. DEFINITIONS.
In this title:
(1) Artificial intelligence.--The term ``artificial intelligence'' includes the following:
(A) Any artificial system that performs tasks under varying and unpredictable circ*mstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets.
(B) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.
(C) An artificial system designed to think or act like a human, including cognitive architectures and neural networks.
(D) A set of techniques, including machine learning, that is designed to approximate a cognitive task.
(E) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.
(2) Advisory committee.--The term ``Advisory Committee'' means the advisory committee established or designated under section 1714.
(3) Emerging research institution.--The term ``emerging research institution'' means an institution of higher education that--
(A) receives less than $20,000,000 in Federal research funding annually; and
(B) may grant a doctoral degree.
(4) Industry.--The term ``industry'' means entities in industries relevant to artificial intelligence.
(5) Initiative.--The term ``Initiative'' means the National Artificial Intelligence Research and Development Initiative established under section 1711.
(6) Institutions of higher education.--The term
``institutions of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
(7) Interagency committee.--The term ``Interagency Committee'' means the interagency committee established or designated under section 1713.
(8) K-12 education.--The term ``K-12 education'' means elementary school and secondary education, as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(9) Machine learning.--The term ``machine learning'' means a subfield of artificial intelligence that is characterized by giving computers the autonomous ability to progressively optimize performance of a specific task based on data without being explicitly programmed.
(10) Minority-serving institution.--The term ``minority-serving institution'' means any of the following:
(A) A Hispanic-serving institution (as defined in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a))).
(B) A Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))).
(C) An Alaska Native-serving institution (as defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b))).
(D) A Native Hawaiian-serving institution (as defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b))).
(E) A Predominantly Black Institution (as defined in section 318(b) of the Higher Education Act of 1965 (20 U.S.C. 1059e(b))).
(F) A Native American-serving nontribal institution (as defined in section 319(b) of the Higher Education Act of 1965
(20 U.S.C. 1059f(b))).
(G) An Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b) of the Higher Education Act of 1965 (20 U.S.C. 1059g(b))).
Subtitle A--National Artificial Intelligence Research and Development
Initiative
SEC. 1711. NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH AND
DEVELOPMENT INITIATIVE.
The President shall establish and implement an initiative with respect to artificial intelligence to be known as the
``National Artificial Intelligence Research and Development Initiative''. In carrying out the Initiative, the President shall, acting through appropriate Federal entities, including the Networking and Information Technology Research and Development Program--
(1) establish objectives, priorities, and metrics for strategic plans under section 1713(d) to accelerate development of science and technology applications for artificial intelligence in the United States;
(2) invest in research, development, demonstration, application to analysis and modeling, and other activities with respect to science and technology in artificial intelligence;
(3) support the development of a workforce pipeline for science and technology with respect to artificial intelligence by making strategic investments to--
(A) expand the number of researchers, educators, and students with training in science and technology in artificial intelligence;
(B) increase the number of skilled and trained workers from underrepresented communities who can contribute to the development of artificial intelligence and artificial intelligence technology, diversify the artificial intelligence workforce, and expand the artificial intelligence workforce pipeline;
(C) promote the development and inclusion of multidisciplinary curricula and research opportunities for science and engineering with respect to artificial intelligence, including advanced technological education, during the primary, secondary, undergraduate, graduate, postdoctoral, adult learning, and career retraining stages of education; and
(D) equip workers with the knowledge and skill sets required to operate effectively in occupations and workplaces that will be increasingly influenced by artificial intelligence;
(4) facilitate coordination of efforts and collaboration with respect to research and development of artificial intelligence among government agencies, Federal and national laboratories, nonprofit organizations, institutions of higher education, and industry;
(5) leverage existing Federal research investments, and partner with industry and institutions of higher education to leverage knowledge and resources, to advance objectives and priorities of the Initiative;
(6) strengthen research, development, demonstration, and applications in science and technology with respect to artificial intelligence by--
(A) addressing gaps in basic research knowledge with respect to artificial intelligence through research;
(B) promoting the further development of facilities and centers available for research, testing, and education in science and technology with respect to artificial intelligence;
(C) stimulating research on, and promoting more rapid development and commercialization of, artificial intelligence-based technologies;
(D) promoting research into the effects of artificial intelligence and applications of artificial intelligence on society, the workforce and workplace, and individuals, including those from underrepresented communities;
(E) promoting data and model sharing among the Federal government, academic researchers, the private sector, and other practitioners of artificial intelligence;
(F) identifying and minimizing inappropriate bias in data sets, algorithms, and other aspects of artificial intelligence; and
(G) supporting efforts to create metrics to assess safety, security, and reliability of applications of science and technology with respect to artificial intelligence; and
(7) ensure that research, development, demonstration, and applications efforts with respect to artificial intelligence create measurable benefits for all individuals in the United States, including members of disadvantaged and underrepresented groups.
SEC. 1712. NATIONAL ARTIFICIAL INTELLIGENCE COORDINATION
OFFICE.
(a) In General.--The Director of the Office of Science and Technology Policy, in consultation with the Director of the National Science Foundation, the Secretary of Energy, and the Secretary of Commerce, shall establish or designate, and appoint a director of, an office to be known as the
``National Artificial Intelligence Coordination Office'' (in this section referred to as the ``Office'').
(b) Duties.--The Office shall--
(1) provide technical and administrative support to the Advisory Committee;
(2) serve as the point of contact on Federal artificial intelligence activities for government organizations, academia, industry, professional societies, State artificial intelligence programs, interested citizen groups, and others to exchange technical and programmatic information;
(3) conduct public outreach, including dissemination of findings and recommendations of the Advisory Committee (as appropriate); and
(4) promote access to and development of early applications of the technologies, innovations, and expertise that benefit the public derived from Initiative activities to agency missions and systems across the Federal Government, and to United States industry, including startup companies.
(c) Funding.--The Office shall be funded through interagency funding.
(d) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Science and Technology Policy shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on funding for the National Artificial Intelligence Coordination Office. The report shall include--
(1) the amount of funding required to adequately fund the Office;
(2) the adequacy of existing mechanisms to fund the Office; and
(3) the actions taken by the director of the Office to ensure stable funding for the Office.
SEC. 1713. INTERAGENCY COMMITTEE ON ARTIFICIAL INTELLIGENCE.
(a) In General.--The Director of the Office of Science and Technology Policy shall establish or designate an interagency committee to be known as the ``Interagency Committee on Artificial Intelligence''.
(b) Composition; Chairs.--
(1) Composition.--The Interagency Committee shall be comprised of representatives from the following, as detailed to the Interagency Committee by the head of the agency concerned:
(A) The National Institute of Standards and Technology.
(B) The National Science Foundation.
(C) The Department of Energy.
(D) The National Aeronautics and Space Administration.
(E) The Department of Defense.
(F) The Office of the Director of National Intelligence.
(G) The Office of Management and Budget.
(H) The Office of Science and Technology Policy.
(I) The National Institutes of Health.
(J) Any other Federal agency the Director of the Office of Science and Technology Policy considers appropriate.
(2) Co-chairs.--The Interagency Committee shall be co-chaired by the following:
(A) The Secretary of Energy.
(B) The Director of the Office of Science and Technology Policy.
(C) The Director of the National Institute of Standards and Technology.
(D) The Director of the National Science Foundation.
(c) Duties.--The Interagency Committee shall--
(1) coordinate, and make recommendations for, activities and programs of Federal agencies on research and education with respect to artificial intelligence and artificial intelligence technology;
(2) establish objectives and priorities for the Initiative, consistent with the objectives and purposes specified in section 1711, based on identified knowledge and workforce gaps and other national needs;
(3) assess and recommend Federal infrastructure needs to support the Initiative; and
(4) evaluate opportunities for international cooperation with strategic allies on research and development with respect to artificial intelligence and artificial intelligence technology.
(d) Strategic Plan.--Not later than 1 year after the date of the enactment of this Act, the Interagency Committee shall develop a 5-year strategic plan, and 6 years after enactment of this Act develop an additional 5-year strategic plan, with periodic updates (as appropriate), to guide the activities of the Initiative, meet Initiative goals and priorities, and anticipate outcomes at participating agencies. In carrying out this subsection, the Interagency Committee should take into consideration reports from the Advisory Committee.
SEC. 1714. NATIONAL ARTIFICIAL INTELLIGENCE ADVISORY
COMMITTEE.
(a) In General.--The Director of the National Science Foundation (in this section referred to as the ``Director'') shall establish or designate an advisory committee to be known as the ``National Artificial Intelligence Advisory Committee''.
(b) Qualification of Members.--
(1) In general.--The Director of the National Science Foundation, in consultation with the Director of the Office of Science and Technology Policy, shall appoint as members of the Advisory Committee individual who are qualified to provide advice and information on research, development, demonstrations, education, infrastructure, technology transfer, commercial applications, and concerns of a national security, social, or economic nature with respect to artificial intelligence and artificial intelligence technology. The Director shall seek public input, and individuals so appointed shall collectively have expertise on a wide range of defense and non-defense artificial intelligence matters.
(2) Limitation.--Not more than half of the members of the Advisory Committee may be representatives of the artificial intelligence industry.
(c) Duties.--The Advisory Committee shall advise the Director of the Office of Science and Technology Policy and the Interagency Committee on Artificial Intelligence under section 1713 on matters relating to the Initiative, including assessing--
(1) trends and developments in artificial intelligence, including the current and near future state of artificial intelligence systems and forecasting;
(2) progress made in implementing the Initiative;
(3) the need to revise the Initiative;
(4) balance among the components of the Initiative, including funding levels for component areas of the Initiative;
(5) whether the component areas, priorities, and technical goals of the Initiative are helping to maintain United States leadership in artificial intelligence and artificial intelligence technology;
(6) the management, coordination, implementation, and activities of the Initiative; and
(7) whether societal, ethical, legal, environmental, and workforce concerns with respect to artificial intelligence and artificial intelligence technology are adequately addressed by the Initiative.
(d) Reports.--Not later than 4 years after the date of the most recent assessment under subsection (c), and quadrennially thereafter, the Advisory Committee shall submit to the Director of the National Science Foundation, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Science, Space, and Technology of the House of Representatives a report on its assessments under subsection (c) and its recommendations for ways to improve the Initiative.
(e) Travel Expenses of Non-Federal Members.--Non-Federal members of the Advisory Committee, while attending meetings of the Advisory Committee or while otherwise serving at the request of the head of the Advisory Committee away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the government serving without pay. Nothing in this subsection shall be construed to prohibit members of the Advisory Committee who are officers or employees of the United States from being allowed travel expenses, including per diem in lieu of subsistence, in accordance with existing law.
(f) Exemption From Sunset.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee.
SEC. 1715. STUDY ON THE ARTIFICIAL INTELLIGENCE WORKFORCE.
(a) In General.--Not later than 60 days after the date of the enactment of this Act, the National Artificial Intelligence Coordination Office shall seek to enter into a contract with a federally funded research and development center for a study on the mechanisms that produce or contribute to the workforce in artificial intelligence
(including researchers and specialists in artificial intelligence and users of artificial intelligence) in order to identify and develop actions to ensure an appropriate increase in the size, quality, and diversity of the workforce.
(b) Collaboration in Study.--The contract referred to in subsection (a) shall require the federally funded research and development center entering into the contract to do the following:
(1) Collaborate with the Secretary of Commerce, the Commissioner of Labor Statistics, and the Director of the Census in developing a comprehensive and detailed understanding of the workforce needs of and employment opportunities in the artificial intelligence field, by State and by region.
(2) Collaborate in carrying out the study with educational institutions, State and local workforce development boards, nonprofit organizations, labor organizations, apprenticeship programs, industry, and other entities in the artificial intelligence field.
(3) Collaborate with minority-serving institutions in order to facilitate the sharing of best practices and approaches for increasing and retaining underrepresented populations in the artificial intelligence field.
(4) Facilitate the sharing of best practices and approaches for the development and sustainment of the workforce in artificial intelligence that are identified or developed through the study among--
(A) entities in the artificial intelligence field, State and local workforce development boards, nonprofit organizations, labor organizations, and apprenticeship programs that provide training programs for employment in the artificial intelligence field; and
(B) educational institutions that seek to establish such training programs.
(c) Department of Labor Annual Report on Job Creation.--Ech year while the contract referred to in subsection (a) is in force, the Secretary of Labor shall, using information derived from the study described in that subsection and other appropriate information, issue to the public a report on job creation in the artificial intelligence field during the preceding year.
Subtitle B--National Institute of Standards and Technology Artificial
Intelligence Activities
SEC. 1721. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
ACTIVITIES ON ARTIFICIAL INTELLIGENCE.
(a) In General.--As part of the Initiative, the Director of the National Institute of Standards and Technology (in this section referred to as the ``Director'') shall--
(1) support the development of measurements and standards necessary to advance commercial development of artificial intelligence applications, including by--
(A) developing measurements and standards;
(B) supporting efforts to develop measurements and consensus standards by standards development organizations; and
(C) modernizing the infrastructure used for benchmarking artificial intelligence technologies;
(2) establishing and supporting collaborative ventures or consortia with public or private sector entities, including institutions of higher education, National Laboratories, and industry for the purpose of advancing fundamental and applied research and development on artificial intelligence; and
(3) use existing authorities to award contracts as necessary to carry out the Initiative, including cooperative agreements and other similar transactions.
(b) Artificial Intelligence Outreach.--
(1) In general.--The Director shall conduct outreach--
(A) to receive input from stakeholders on the development of a plan to address future measurements and standards related to artificial intelligence; and
(B) to provide an opportunity for public comment on any such measurements or standards.
(2) Meetings.--
(A) In general.--Not later than 1 year after the date of the enactment of this Act, and a periodic basis thereafter, as the Director determines appropriate, the Director shall convene 1 or more meetings of stakeholders, including technical expert representatives from government organizations, industry, and institutions of higher education, to discuss topics described in subparagraph (B).
(B) Topics.--Meetings under subparagraph (A) may cover topics that the Director determines to be important to the development of standards and measurements with respect to artificial intelligence, including--
(i) cybersecurity;
(ii) algorithm accountability;
(iii) algorithm explainability;
(iv) algorithm trustworthiness;
(v) establishment of a common lexicon for artificial intelligence; and
(vi) resources and methods for benchmarking artificial intelligence technologies.
(C) Purposes.--The purposes of meetings under this paragraph shall be--
(i) to assess contemporary research on the topics determined by the Director under subparagraph (B);
(ii) to evaluate research gaps relating to such topics;
(iii) to provide an opportunity for stakeholders to provide recommendations on the research to be addressed by the National Institute of Standards and Technology and the Initiative; and
(iv) to coordinate engagement with international standards bodies in order to ensure United States leadership in the development of global technical standards, including witb respect to artificial intelligence and cybersecurity.
(3) Report to congress.--Not later than 2 years after the date of the enactment of this Act, the Director shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report summarizing the results of outreach and meetings conducted under this subsection.
(c) Authorization of Appropriations.--There are authorized to be appropriated for each of fiscal years 2020 through 2024, $40,000,000 to carry out this section.
Subtitle C--National Science Foundation and Multidisciplinary Centers for Artificial Intelligence Research and Education
SEC. 1731. RESEARCH AND EDUCATION PROGRAM ON ARTIFICIAL
INTELLIGENCE AND ARTIFICIAL INTELLIGENCE
ENGINEERING.
(a) In General.--As part of the Initiative, the Director of the National Science Foundation (in this section referred to as the ``Director'') shall establish and implement a research and education program on artificial intelligence and artificial intelligence engineering.
(b) Program Components.--In carrying out the program required under subsection (a), the Director shall--
(1) continue to support interdisciplinary research on, and human resources development in, all aspects of science and engineering with respect to artificial intelligence, including--
(A) algorithm accountability;
(B) minimization of inappropriate bias in training data sets or algorithmic feature selection;
(C) qualitative and quantitative forecasting of future capabilities and applications; and
(D) societal and ethical implications of artificial intelligence;
(2) use existing authorities and programs and collaborate with other Federal agencies--
(A) to improve teaching and learning in science and engineering with respect to artificial intelligence during the primary, secondary, undergraduate, graduate, postgraduate, adult learning, and career retraining stages of education;
(B) to increase participation in artificial intelligence fields, including by individuals identified in sections 33 and 34 of the Science and Engineering Equal Opportunities Act
(42 U.S.C. 1885a, 1885b);
(C) to formulate goals for education activities in engineering and research with respect to artificial intelligence to be supported by the National Science Foundation related to topics important to the Initiative, including--
(i) algorithm accountability;
(ii) algorithm explainability;
(iii) consumer data privacy;
(iv) assessment and minimization of inappropriate bias in training data and output;
(v) societal and ethical implications of the use of artificial intelligence;
(vi) algorithm trustworthiness; and
(vii) algorithmic forecasting;
(D) to engage with institutions of higher education, research communities, potential users of information produced under this section, entities in the private sector, and non-Federal entities--
(i) to leverage the collective body of knowledge from existing research and education activities with respect to artificial intelligence and artificial intelligence engineering; and
(ii) to support partnerships among institutions of higher education and industry that facilitate collaborative research, personnel exchanges, and workforce development with respect to artificial intelligence and artificial intelligence engineering;
(E) to coordinate research efforts with respect to artificial intelligence and artificial intelligence engineering funded through existing programs across the directorates of the National Science Foundation;
(F) to ensure adequate access to research and education infrastructure with respect to artificial intelligence and artificial intelligence engineering, including through development of hardware and facilitation of the use of computing resources, including cloud-based computing services; and
(G) to increase participation rates in research and education on artificial intelligence among underrepresented communities by engaging with minority-serving institutions.
(c) Graduate Traineeships.--In carrying out the program required under subsection (a), the Director may provide traineeships to graduate students at institutions of higher education who--
(1) are United States nationals or aliens lawfully admitted for permanent residence in the United States; and
(2) who choose to pursue masters or doctoral degrees in artificial intelligence or artificial intelligence engineering.
SEC. 1732. MULTIDISCIPLINARY CENTERS FOR ARTIFICIAL
INTELLIGENCE RESEARCH AND EDUCATION.
(a) In General.--The Director of the National Science Foundation (in this section referred to as the ``Director''), in consultation with other appropriate Federal agencies, shall award grants to eligible entities to establish up to 5 research and education centers (in this section referred to as ``Centers'') to conduct research and education activities in support of the Initiative. Each Center established pursuant to such a grant shall be known as a
``Multidisciplinary Center for Artificial Intelligence Research and Education''.
(b) Eligible Entities.--For purposes of this section, an eligible entity is any entity as follows:
(1) An institution of higher education.
(2) A relevant nonprofit organization.
(3) A State or local government.
(4) A consortium of entities that consists of--
(A) two or more entities specified in paragraphs (1) through (3); or
(B) at least one entity specified in such paragraphs and a relevant private sector organization that is not a nonprofit organization.
(c) Minimum Number of Grants for Certain Purposes.--
(1) K-12 education.--Not less than 1 grant under this section must be for a Center with the primary purpose of integrating artificial intelligence into K-12 education.
(2) Minority-serving institution.--Not less than 1 grant under this section must be for a Center located at a minority-serving institution.
(d) Application.--An eligible entity seeking funding under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include--
(1) a plan for the proposed Center--
(A) to work with other research institutions, emerging research institutions, and industry to leverage expertise in artificial intelligence, education and curricula development, and technology transfer;
(B) to promote active collaboration among researchers in multiple disciplines and across multiple institutions involved in artificial intelligence research including physics, engineering, mathematical sciences, computer and information science, biological and cognitive sciences, material science, education, and social and behavioral sciences (such as industrial-organizational psychology);
(C) to integrate into the activities of such Center consideration of the ethics of development, technology usage, and data collection, storage, and sharing (including training data sets) in connection with artificial intelligence;
(D) to support long-term and short-term workforce development in artificial intelligence, including broadening participation of underrepresented communities; and
(E) to support an innovation ecosystem to work with industry to translate Center research into applications and products; and
(2) a description of the anticipated long-term impact of such Center beyond the termination of support under this section.
(e) Selection and Duration.--
(1) In general.--A Center established using a grant under this section may receive funding under this section for a period of 5 years.
(2) Extension.--Such a Center may apply for, and the Director may grant, an extension of a grant under this section for an additional 5-year period.
(3) Termination.--The Director may terminate for cause funding under this section for a Center that underperforms.
(f) Funding.--During each of fiscal years 2020 through 2024, the amount provided each fiscal year for a Center established pursuant to this section through a grant under this section shall be $20,000,000.
Subtitle D--Department of Energy Artificial Intelligence Research and
Development Program
SEC. 1741. RESEARCH AND DEVELOPMENT PROGRAM ON ARTIFICIAL
INTELLIGENCE.
(a) Program Required.--As a part of the Initiative, the Secretary of Energy (in this section referred to as the
``Secretary'') shall carry out a research and development program on artificial intelligence.
(b) Components.--In carrying out the program required under subsection (a), the Secretary shall--
(1) formulate objectives for research on artificial intelligence to be supported by the Department of Energy that are consistent with the Initiative;
(2) leverage the collective body of knowledge from existing research on artificial intelligence;
(3) coordinate research efforts on artificial intelligence that are funded through existing programs across the Department;
(4) engage with other Federal agencies, research communities, and potential users of information produced under this section;
(5) build, maintain, and, to the extent practicable, make available for use by academic, government, and private sector researchers the computing hardware and software necessary to carry out the program; and
(6) establish and maintain on an Internet website of the Department available to the public a resource center that--
(A) provides current information and resources on training programs for employment in artificial intelligence; and
(B) otherwise serves as a resource for educational institutions, State and local workforce development boards, nonprofit organizations, and apprenticeship programs seeking to develop and implement training programs for employment in artificial intelligence.
(c) Research Centers.--
(1) Grants.--In carrying out this section, the Secretary may award grants to eligible entities to establish and operate up to 5 artificial intelligence research centers (in this subsection referred to as ``Centers'') for the purposes described in paragraph (3).
(2) Selection.--
(A) In general.--Except as provided in subparagraph (C), grants under this subsection shall be awarded through a competitive, merit-reviewed process.
(B) Eligible entities.--For purposes of this subsection, an eligible entity is any entity as follows:
(i) An institution of higher education.
(ii) A relevant nonprofit organization.
(iii) A State or local government.
(iv) A National Laboratory or a federally funded research and development center.
(v) A consortium of entities that consists of--
(I) two or more entities specified in clauses (i) through
(iv); or
(II) at least one entity specified in such clauses and a relevant private sector organization that is not a nonprofit organization.
(C) National security laboratory.--At least 1 of the grants under this subsection shall be awarded to a national security laboratory of the National Nuclear Security Administration.
(3) Purposes.--The purposes of the Centers established under this subsection are--
(A) to serve the needs of the Department and such academic, educational, and private sector entities as the Secretary considers appropriate;
(B) to advance research and education in artificial intelligence and facilitate improvement in the competitiveness of the United States; and
(C) to provide access to computing resources to promote scientific progress and enable users from institutions of higher education, educational institutions, the National Laboratories, and industry--
(i) to make scientific discoveries relevant to research in artificial intelligence;
(ii) to conduct research to accelerate scientific breakthroughs in science and technology with respect to artificial intelligence;
(iii) to support research conducted under this section; and
(iv) to increase the distribution of research infrastructure and broaden the spectrum of students exposed to research in artificial intelligence at institutions of higher education (including emerging research institutions).
(4) Coordination.--The Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the activities of each Center with the activities of--
(A) other research entities of the Department, including the Nanoscale Science Research Centers, the Energy Frontier Research Centers, and the Energy Innovation Hubs; and
(B) industry.
(5) Duration.--
(A) In general.--Any center selected and established under this section is authorized to carry out activities for a period of 5 years.
(B) Extension.--Such a Center may apply for, and the Director may grant, an extension of a grant under this section for an additional 5-year period.
(C) Termination.--Consistent with existing authorities of the Department, the Secretary may terminate for cause a Center that underperforms during the performance period.
(d) Authorization of Appropriations.--There are authorized to be appropriated for each of fiscal years 2020 through 2024 for the Department of Energy, $300,000,000 to be available for the Department to carry out this section.
______
SA 353. Ms. HARRIS (for herself and Mr. Wyden) submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Subtitle __Protecting Unaccompanied Alien Children
SEC. __1. SHORT TITLE.
This subtitle may be cited as the ``Families, Not Facilities Act of 2019''.
SEC. __2. FINDINGS.
Congress makes the following findings:
(1) On May 13, 2018, a Memorandum of Agreement between U.S. Immigration and Customs Enforcement, U.S. Customs and Border Patrol of the Department of Homeland Security, and the Office of Refugee Resettlement of the Department of Health and Human Services went into effect to allow for intergovernmental sharing of personal information about unaccompanied alien children, their prospective sponsors, and adult members of sponsor households.
(2) U.S. Immigration and Customs Enforcement is using information obtained under the Memorandum of Agreement to conduct civil immigration enforcement actions against individuals residing in the homes of prospective sponsors of unaccompanied alien children.
(3) These civil immigration enforcement actions have discouraged prospective sponsors of unaccompanied alien children, including family members, from coming forward to resettle children in the community as they pursue lawful claims for humanitarian protection.
(4) As a result of the lack of qualified sponsors, unprecedented numbers of unaccompanied alien children
(approximately 14,600 in December 2018) are being held in shelters overseen by the Office of Refugee Resettlement as of the date of enactment of this Act.
(5) The Office of Refugee Resettlement is struggling to accommodate the growing number of unaccompanied alien children in its shelter network, resorting to placing children in temporary ``emergency influx'' shelters. The Office contracted with BCFS to care for more than 6,200 children between June 2018 and January 2019 in a temporary shelter at the Tornillo-Guadalupe Land Port of Entry in Texas, a facility that the New York Times and other media sources described as a ``tent city'', and announced plans in January 2019 to nearly double the number of children held in a previously closed temporary shelter in Homestead, Florida.
(6) Temporary shelters are inappropriate locations to hold unaccompanied alien children because such shelters--
(A) have reduced standards of care, including insufficient educational services;
(B) offer limited access to clinical and legal services; and
(C) are not cost-effective, resulting in the expenditure of more than $750 per day in taxpayer funds for each child housed in Tornillo shelter, for example.
(7) Facilities operated under a contract with the Office of Refugee Resettlement have faced unacceptable allegations of abuse and neglect of unaccompanied alien children that merit additional investigation and oversight.
(8) The Office of Refugee Resettlement is legally required to place children in the least restrictive setting that is in the best interest of the child.
(9) Services offered at facilities funded by the Office of Refugee Resettlement are required to include classroom education, mental and medical health services, case management, socialization and recreation activities, and family reunification services that facilitate the safe and timely release of unaccompanied alien children to family members or other sponsors that can care for them.
(10) Providing legal and case management services to all children while they are housed in a facility funded by the Office of Refugee Resettlement and after their release from such a facility is a cost-effective and humane way of ensuring that the Office of Refugee Resettlement meets its statutory obligation to place children in least restrictive settings.
SEC. __3. USE OF SPONSORSHIP INFORMATION.
(a) In General.--Section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(3)) is amended--
(1) in subparagraph (A), by inserting ``In making such a determination, the Secretary may not consider the immigration status of the proposed custodian.'' after ``well-being.''; and
(2) by adding at the end the following:
``(D) Prohibiting use of certain information.--The Secretary of Homeland Security may not use information provided by an unaccompanied alien child or information initially obtained by the Secretary of Health and Human Services to make a suitability determination under subparagraph (A), a home study determination under subparagraph (B), or a secure facility determination under paragraph (2)(A) for the purpose of apprehending, detaining, or removing from the United States--
``(i) the unaccompanied alien child;
``(ii) the proposed custodian or current custodian;
``(iii) a resident of the home in which the proposed custodian or current custodian resides;
``(iv) the proposed sponsor or current sponsor; or
``(v) a resident of the home in which the proposed sponsor or current sponsor resides.''.
(b) Rules of Construction.--
(1) Flores settlement agreement.--The amendments made by subsection (a) may not be construed to supersede the terms of the stipulated settlement agreement filed on January 17, 1997, in the United States District Court for the Central District of California in Flores v. Reno, CV 85-4544-RJK,
(commonly known as the ``Flores settlement agreement'').
(2) Child welfare.--The amendments made by subsection (a) may not be construed to prevent the Secretary of Homeland Security from using information obtained by the Secretary of Health and Human Services to investigate or report to the appropriate law enforcement agency or child welfare agency instances of trafficking, abuse, or neglect.
SEC. __4. LIMITATION ON USE OF FUNDS FOR ENFORCEMENT,
DETENTION, AND REMOVAL OPERATIONS.
No Federal funds may be used by U.S. Immigration and Customs Enforcement for any enforcement, detention, or removal activity that violates section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, as amended by section __3(a).
SEC. __5. TRANSFER OF U.S. IMMIGRATION AND CUSTOMS
ENFORCEMENT FUNDING.
Of the amount appropriated for fiscal year 2019 to U.S. Immigration and Customs Enforcement for enforcement and removal operations--
(1) $30,000,000 shall be transferred to the Department of Justice to expand the efforts of the Federal Bureau of Investigation's Violent Crimes Against Children program to investigate criminal networks involved in child trafficking;
(2) $180,000,000 shall be transferred to the Office of Refugee Resettlement to provide the post-release legal, case management, and child advocate services described in section __6; and
(3) $10,000,000 shall be transferred to the Administration for Children and Families to bolster the efforts of the Task Force to Prevent and End Human Trafficking.
SEC. __6. ENSURING THE SAFETY OF UNACCOMPANIED ALIEN
CHILDREN.
(a) Defined Term.--In this section, the term ``post-release case management services'' means services that--
(1) are provided by a social worker, employed by a nonprofit entity, who meets with the child individually and with the family to develop an individualized service plan; and
(2) allow children to successfully transition into their communities by--
(A) assisting with school enrollment and acculturation;
(B) locating medical and therapeutic services;
(C) making referrals to area legal services; and
(D) navigating new family settings and other individual needs.
(b) Required Services.--The Office of Refugee Resettlement shall--
(1) provide post-release case management to all children upon release or as the need arises for the duration of their immigration proceedings; and
(2) facilitate efforts to connect every unaccompanied child, including each child with a sponsor, with legal representation for his or her immigration proceedings.
(c) The Office of Refugee Resettlement Advisory Committee on Shelters for Unaccompanied Alien Children.--
(1) Establishment.--The Secretary of Health and Human Services, in compliance with the Federal Advisory Committee Act (5 U.S.C. App.), shall immediately establish the Advisory Committee on Shelters for Unaccompanied Alien Children
(referred to in this subsection as the ``Advisory Committee'') to advise the Office of Refugee Resettlement on matters regarding shelters and placements for unaccompanied alien children relating to education, immigration law, physical and mental health, trauma-informed social work services, youth shelter management, and immigration detention reform.
(2) Composition and term.--
(A) Appointment.--The Secretary shall appoint 14 individuals to serve on the Advisory Committee for 2-year terms.
(B) Prerequisites.--
(i) In general.--Each member of the Advisory Committee shall be employed by a nonprofit entities in the field of--
(I) education;
(II) immigration law;
(III) physical and mental health of children and youth;
(IV) trauma-informed child welfare social work services;
(V) youth shelter management;
(VI) cultural competency; or
(VII) immigration detention reform.
(ii) Representation.--At least 2 members of the Advisory Committee shall represent each of the fields set forth in clause (i).
(3) Investigative authority.--
(A) Inspections.--Members of the Advisory Committee may conduct unannounced inspections of all shelters contracted with the Office of Refugee Resettlement to hold unaccompanied alien children.
(B) Information sharing.--The Office of Refugee Resettlement shall provide the Advisory Committee with access to such materials as may be necessary to effectively advocate for the best interest of children in the custody of the Office of Refugee Resettlement, subject to applicable statutes and regulations.
(4) Consultations.--The Advisory Committee shall consult with, and receive recommendations from--
(A) the American Medical Association;
(B) the American Academy of Pediatrics;
(C) the National Association of Social Workers;
(D) the American Bar Association Center on Children and the Law;
(E) the American Immigration Lawyers Association; and
(F) other medical, child welfare, and legal experts.
(5) Reports.--
(A) Interim report.--Not later than 6 months after the establishment of the Advisory Committee under paragraph (1), the Advisory Committee shall release to the public an interim report outlining the Advisory Committee's investigations and recommendations regarding Office of Refugee Resettlement shelters for unaccompanied alien children and submit such report to--
(i) the Secretary of Health and Human Services;
(ii) the Committee on Health, Education, Labor, and Pensions of the Senate;
(iii) the Committee on Homeland Security and Governmental Affairs of the Senate;
(iv) the Committee on the Judiciary of the Senate;
(v) the Committee on Energy and Commerce of the House of Representatives;
(vi) the Committee on Oversight and Reform of the House of Representatives; and
(vii) the Committee on the Judiciary of the House of Representatives.
(B) Final report.--Not later than 1 year after the establishment of the Advisory Committee under paragraph (1), the Advisory Committee shall release to the public, and submit to the recipients of the interim report under subparagraph (A), a final report that outlines the Advisory Committee's investigations and recommendations regarding Office of Refugee Resettlement shelters for unaccompanied alien children.
(6) Savings provision.--Nothing in this subsection may be construed to preempt any Federal agency from investigating allegations of mistreatment and abuse of unaccompanied alien children in facilities overseen by the Department of Health and Human Services.
______
SA 354. Mr. HEINRICH submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XXX, add the following:
SEC. 3057. USE OF ENERGY EFFICIENCY MEASURES IN CONSTRUCTION
OR RENOVATION OF A PRIVATIZED MILITARY HOUSING
UNITS.
(a) In General.--The Secretary of Defense shall ensure that any construction or renovation of a privatized military housing unit after the date of the enactment of this Act uses energy efficiency measures described in subsection (b).
(b) Energy Efficiency Measures Described.--The energy efficiency measures described in this subsection are those developed by the Secretary, in consultation with the Comptroller General of the United States and the Secretary of Energy, for purposes of this section and shall include the following:
(1) Solar and geothermal power.
(2) Double-pane windows.
(3) Adequate insulation.
(4) Electric fixtures and appliances that reduce energy usage.
(c) Certification.--Before using any energy efficiency measure under this section, the Secretary of Defense shall certify to the Committees on Armed Services of the Senate and the House of Representatives that the measure will have the same lifecycle cost or a lower lifecycle cost as compared to traditional measures.
______
SA 355. Mr. MORAN (for himself and Ms. Smith) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VII, add the following:
SEC. 718. PILOT PROGRAM ON INJURY PREDICTION AND PREVENTION
TO ENHANCE COMBAT READINESS.
(a) Purpose.--The purpose of this section is--
(1) to increase deployment readiness and lethality of members of the Armed Forces;
(2) to create a more deployable, resilient, and sustainable combat force;
(3) to provide individualized, accurate assessments with actionable metrics regarding the physical condition of each member of the Armed Forces; and
(4) to determine the feasibility and advisability of developing a customized fitness program for each such member to minimize musculoskeletal injuries in garrison and on deployment.
(b) Pilot Program.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program to predict and prevent musculoskeletal injuries in members of the Armed Forces.
(c) Participation.--The Secretary shall carry out the pilot program under this section at not fewer than five military installations that serve as readiness training platforms in order to evaluate different musculoskeletal injury risk profiles and training interventions based on the particular requirements and tactical personnel needs of the military departments.
(d) Components.--In carrying out the pilot program under this section, the Secretary shall do the following:
(1) Identify musculoskeletal injury risk for members of the Armed Forces using integrated objective assessments in basic and advanced training for such members.
(2) Generate automated reports and personalized programs to educate members of the Armed Forces on proper initiatives to minimize injury risk.
(3) Notify human performance and medical staff of the Department when the musculoskeletal injury risk of a member of the Armed Forces increases.
(4) Provide monitoring of members of the Armed Forces who are undergoing or have undergone assessments under paragraph
(1) to track the progress and readiness of such members.
(e) Report.--
(1) In general.--Not later than 180 days before the completion of the pilot program under this section, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the House of Representatives a report that describes the conduct of the pilot program.
(2) Elements.--The report required by paragraph (1) shall include the following:
(A) A description of the pilot program, including outcome measures to determine its effectiveness.
(B) A description of the ability of the pilot program--
(i) to identify combat readiness and risk for musculoskeletal injury of members of the Armed Forces; and
(ii) to address risk reduction via personalized fitness programs.
(C) A description of the reduction in injuries to members of the Armed Forces and any associated cost savings as a result of the pilot program.
(D) A description of the reduction in non-deployability or early return from deployment of members of the Armed Forces due to musculoskeletal injury as a result of the pilot program.
(f) Duration.--The Secretary shall carry out the pilot program under this section for a period of not more than three years.
______
SA 356. Ms. ROSEN submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. PILOT PROGRAM ON IMPLEMENTING TRANSPORT ACCESS
CONTROL CAPABILITY.
(a) Additional Funding.--The amount authorized to be appropriated for fiscal year 2020 by section 201 for research, development, test, and evaluation is hereby increased by $3,500,000, with the amount of the increase to be available for the Cyber Operations Technology Development
(PE 0306250F).
(b) Availability.--The amount available under subsection
(a) shall be available for the United States Cyber Command to carry out a pilot program to assess the feasibility and advisability of implementing a Transport Access Control capability that uses identity and noninteractive authentication at the first packet of transmission control protocol or Internet Protocol request to validate machine-to-machine communications hosted by cloud providers.
______
SA 357. Mr. MANCHIN (for himself and Ms. Duckworth) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VI, add the following:
SEC. 602. REPORT ON EXTENSION TO MEMBERS OF THE RESERVE
COMPONENTS OF THE ARMED FORCES OF SPECIAL AND
INCENTIVE PAYS FOR MEMBERS OF THE ARMED FORCES
NOT CURRENTLY PAYABLE TO MEMBERS OF THE RESERVE
COMPONENTS.
(a) Report Required.--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 setting forth the results of a study, conducted by the Secretary for purposes of the report, on the feasability and advisability of paying eligible members of the reserve components of the Armed Forces any special or incentive pay for members of the Armed Forces that is not currently payable to members of the reserve components.
(b) Elements.--The report required by subsection (a) shall set forth the following:
(1) An estimate of the yearly cost of paying members of the reserve components risk pay and flight pay under sections 351, 334 and 334a of title 37, United States Code, at the same rate as members on active duty, regardless of number of periods of instruction or appropriate duty participated in, so long as there is at least one such period of instruction or appropriate duty in the month.
(2) A statement of the number of members of the reserve components who qualify or potentially qualify for hazardous duty incentive pay based on current professions or required duties, broken out by hazardous duty categories set forth in section 351 of title 37, United States Code.
(3) If the Secretary determines that payment to eligible members of the reserve components of any special or incentive pay for members of the Armed Forces that is not currently payable to members of the reserve components is feasable and advisable, such recommendations as the Secretary considers appropriate for legislative or administrative action to authorize such payment.
______
SA 358. Mr. MANCHIN (for himself and Mr. Blunt) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1086. SILVER STAR SERVICE BANNER DAY.
(a) Findings.--Congress finds the following:
(1) Congress is committed to honoring the sacrifices of wounded and ill members of the Armed Forces.
(2) The Silver Star Service Banner recognizes the members of the Armed Forces and veterans who were wounded or became ill while serving in combat for the United States.
(3) The sacrifices made by members of the Armed Forces and veterans on behalf of the United States should never be forgotten.
(4) May 1 is an appropriate date to designate as ``Silver Star Service Banner Day''.
(b) Designation.--
(1) In general.--Chapter 1 of title 36, United States Code, is amended by adding at the end the following:
``Sec. 146. Silver Star Service Banner Day
``(a) Designation.--May 1 is Silver Star Service Banner Day.
``(b) Proclamation.--The President is requested to issue each year a proclamation calling on the people of the United States to observe Silver Star Service Banner Day with appropriate programs, ceremonies, and activities.''.
(2) Clerical amendment.--The table of sections at the beginning of chapter 1 of such title is amended by inserting after the item relating to section 145 the following:
``146. Silver Star Service Banner Day.''.
______
SA 359. Mr. MENENDEZ submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--EMERGENCY ASSISTANCE FOR VENEZUELA
SEC. __01. SHORT TITLES.
This title may be cited as the ``Venezuela Emergency Relief, Democracy Assistance, and Development Act of 2019'' or the ``VERDAD Act of 2019''.
Subtitle A--Support for the Interim President of Venezuela and
Recognition of the Venezuelan National Assembly
SEC. __11. FINDINGS; SENSE OF CONGRESS IN SUPPORT OF THE
INTERIM PRESIDENT OF VENEZUELA.
(a) Findings.--Congress makes the following findings:
(1) Venezuela's electoral event on May 20, 2018 was characterized by widespread fraud and did not comply with international standards for a free, fair, and transparent electoral process.
(2) Given the fraudulent nature of Venezuela's May 20, 2018 electoral event, Nicolas Maduro's tenure as President of Venezuela ended on January 10, 2019.
(3) The National Assembly of Venezuela approved a resolution on January 15, 2019 that terminated Nicolas Maduro's authority as the President of Venezuela.
(4) On January 23, 2019, the President of the National Assembly of Venezuela was sworn in as the Interim President of Venezuela.
(b) Sense of Congress.--It is the sense of Congress--
(1) to support the decisions by the United States Government, more than 50 governments around the world, the Organization of American States, the Inter-American Development Bank, and the European Parliament to recognize National Assembly President Juan Guaido as the Interim President of Venezuela;
(2) to encourage the Interim President of Venezuela to advance efforts to hold democratic presidential elections in the shortest possible period; and
(3) that the Organization of American States, with support from the United States Government and partner governments, should provide diplomatic, technical, and financial support for a new presidential election in Venezuela that complies with international standards for a free, fair, and transparent electoral process.
SEC. __12. RECOGNITION OF VENEZUELA'S DEMOCRATICALLY ELECTED
NATIONAL ASSEMBLY.
(a) Findings.--Congress finds that Venezuela's unicameral National Assembly convened on January 6, 2016, following democratic elections that were held on December 6, 2015.
(b) Sense of Congress.--It is the sense of Congress that Venezuela's democratically elected National Assembly is the only national level democratic institution remaining in the country.
(c) Policy.--It is the policy of the United States to recognize the democratically elected National Assembly of Venezuela as the only legitimate national legislative body in Venezuela.
(d) Assistance to Venezuela's National Assembly.--The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall prioritize efforts to provide technical assistance to support the democratically elected National Assembly of Venezuela in accordance with section __44.
SEC. __13. ADVANCING A NEGOTIATED SOLUTION TO VENEZUELA'S
CRISIS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) direct, credible negotiations led by the Interim President of Venezuela and members of Venezuela's democratically elected National Assembly--
(A) are supported by stakeholders in the international community that have recognized the Interim President of Venezuela;
(B) include the input and interests of Venezuelan civil society; and
(C) represent the best opportunity to reach a solution to the Venezuelan crisis that includes--
(i) holding a new presidential election that complies with international standards for a free, fair, and transparent electoral process;
(ii) ending Nicolas Maduro's usurpation of presidential authorities;
(iii) restoring democracy and the rule of law;
(iv) freeing political prisoners; and
(v) facilitating the delivery of humanitarian aid;
(2) dialogue between the Maduro regime and representatives of the political opposition that commenced in October 2017, and were supported by the Governments of Mexico, of Chile, of Bolivia, and of Nicaragua, did not result in an agreement because the Maduro regime failed to credibly participate in the process; and
(3) negotiations between the Maduro regime and representatives of the political opposition that commenced in October 2016, and were supported by the Vatican, did not result in an agreement because the Maduro regime failed to credibly participate in the process.
(b) Policy.--It is the policy of the United States to support diplomatic engagement in order to advance a negotiated and peaceful solution to Venezuela's political, economic, and humanitarian crisis that is described in subsection (a)(1).
Subtitle B--Humanitarian Relief for Venezuela
SEC. __21. HUMANITARIAN RELIEF FOR THE VENEZUELAN PEOPLE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should expand efforts to peacefully address Venezuela's humanitarian crisis; and
(2) humanitarian assistance--
(A) should be targeted toward those most in need and delivered through partners that uphold internationally recognized humanitarian principles; and
(B) should not be passed through the control or distribution mechanisms of the Maduro regime.
(b) Humanitarian Relief.--
(1) In general.--The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall provide--
(A) humanitarian assistance to individuals and communities in Venezuela, including--
(i) public health commodities and services, including medicines and basic medical supplies and equipment;
(ii) basic food commodities and nutritional supplements needed to address growing malnutrition and improve food security for the people of Venezuela, with a specific emphasis on the most vulnerable populations; and
(iii) technical assistance to ensure that health and food commodities are appropriately selected, procured, targeted, and distributed; and
(B) Venezuelans and hosting communities, as appropriate, in neighboring countries with humanitarian aid, such as--
(i) urgently needed health and nutritional assistance, including logistical and technical assistance to hospitals and health centers in affected communities;
(ii) food assistance for vulnerable individuals, including assistance to improve food security for affected communities; and
(iii) hygiene supplies and sanitation services.
(2) Aid to venezuelans in neighboring countries.--The aid described in paragraph (1)(B)--
(A) may be provided--
(i) directly to Venezuelans in neighboring countries, including countries of the Caribbean; or
(ii) indirectly through the communities in which the Venezuelans reside; and
(B) should focus on the most vulnerable Venezuelans in neighboring countries.
(c) Humanitarian Assistance Strategy Update.--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, shall submit, to the appropriate congressional committees, an update to the Venezuela humanitarian assistance strategy described in the conference report accompanying the Consolidated Appropriations Act (Public Law 116-6), to cover a 2-year period and include--
(1) a description of the United States humanitarian assistance provided under this section;
(2) a description of United States diplomatic efforts to ensure support from international donors, including regional partners in Latin America and the Caribbean, for the provision of humanitarian assistance to the people of Venezuela;
(3) the identification of governments that are willing to provide financial and technical assistance for the provision of such humanitarian assistance to the people of Venezuela and a description of such assistance; and
(4) the identification of the financial and technical assistance to be provided by multilateral institutions, including the United Nations humanitarian agencies, the Pan American Health Organization, the Inter-American Development Bank, and the World Bank, and a description of such assistance.
(d) Diplomatic Engagement.--The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall work with relevant foreign governments and multilateral organizations to coordinate a donors summit and carry out diplomatic engagement to advance the strategy required under subsection
(c).
(e) Authorization of Appropriations.--There is authorized to be appropriated $400,000,000 for fiscal year 2020 to carry out the activities set forth in subsection (b).
(f) Defined Term.--In this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of Representatives; and
(4) the Committee on Appropriations of the House of Representatives.
SEC. __22. SUPPORT FOR EFFORTS AT THE UNITED NATIONS ON THE
HUMANITARIAN CRISIS IN VENEZUELA.
(a) Sense of Congress.--It is the sense of Congress that the United Nations humanitarian agencies should conduct and publish independent assessments of the humanitarian situation in Venezuela, including--
(1) the extent and impact of the shortages of food, medicine, and medical supplies in Venezuela;
(2) basic health indicators in Venezuela, such as maternal and child mortality rates and the prevalence and treatment of communicable diseases; and
(3) the efforts needed to resolve the shortages identified in paragraph (1) and to improve the health indicators referred to in paragraph (2).
(b) United Nations Resident Coordinator.--The President should instruct the Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to support the efforts of the Resident Coordinator for Venezuela in a manner that--
(1) contributes to Venezuela's long-term recovery; and
(2) advances humanitarian efforts in Venezuela and for Venezuelans residing in neighboring countries.
SEC. __23. SANCTIONS EXCEPTIONS FOR HUMANITARIAN ASSISTANCE.
(a) Definitions.--In this section:
(1) Agricultural commodity.--The term ``agricultural commodity'' has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(2) Medical device.--The term ``medical device'' has the meaning given the term ``device'' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(3) Medicine.--The term ``medicine'' has the meaning given the term ``drug'' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(b) In General.--Any transaction, not otherwise prohibited by under part V of title 31, Code of Federal Regulations, or any Executive order relating to the national emergency declared in Executive Order 13692 (50 U.S.C. 1701 note), for the sale of agricultural commodities, food, medicine, or medical devices to Venezuela, or for the provision of humanitarian assistance to the people of Venezuela, and any transaction that is ordinarily incidental or necessary to any such transaction, regardless of whether the transaction or provision of humanitarian assistance originate in, or have a connection to, the United States, shall be exempt from United States sanctions, including sanctions described in--
(1) sections __63, __65, __66, __68, and __71;
(2) the Venezuela Defense of Human Rights and Civil Society Act of 2014 (Public Law 113-278); or
(3) Executive Orders 13808 and 13850.
SEC. __24. COORDINATION AND DISTRIBUTION OF HUMANITARIAN
ASSISTANCE TO THE PEOPLE OF VENEZUELA.
(a) Short Title.--This section may be cited as the
``Humanitarian Assistance to the Venezuelan People Act of 2019''.
(b) Defined Term.--In this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of Representatives; and
(4) the Committee on Appropriations of the House of Representatives.
(c) Report on the Coordination and Distribution of Humanitarian Assistance to the People of Venezuela Including Strategy on Future Efforts.--
(1) In general.--Not later than 1 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, shall submit a report to the appropriate congressional committees that evaluates the delivery and coordination of humanitarian assistance to the people of Venezuela, whether residing in Venezuela or elsewhere in the Western Hemisphere.
(2) Matters to be included.--The report required under paragraph (1) shall--
(A) identify how United States Agency for International Development and Department of State best practices are being utilized in providing humanitarian assistance to Venezuela and countries in the region;
(B) describe the current and anticipated challenges to distributing humanitarian assistance in Venezuela and countries hosting Venezuelan migrants; and
(C) describe how the distribution of humanitarian assistance is being monitored and evaluated, including--
(i) the number of beneficiaries receiving such assistance;
(ii) an assessment of how humanitarian and development assistance is benefitting Venezuelan migrants inside and outside of the country; and
(iii) what additional staff may be necessary to manage such assistance.
Subtitle C--Addressing Regime Cohesion
SEC. __31. CLASSIFIED REPORT ON DECLINING COHESION INSIDE THE
VENEZUELAN MILITARY AND THE MADURO REGIME.
(a) Reporting Requirement.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, acting through the Bureau of Intelligence and Research, and in coordination with the Director of National Intelligence, shall submit a classified report to the appropriate congressional committees that assesses the declining cohesion inside the Venezuelan military and security forces and the Maduro regime.
(b) Additional Elements.--The report submitted under subsection (a) shall--
(1) identify senior members of the Venezuelan military and the Maduro regime, including generals, admirals, cabinet ministers, deputy cabinet ministers, and the heads of intelligence agencies, whose loyalty to Nicolas Maduro is declining;
(2) describe the factors that would accelerate the decision making of individuals identified in paragraph (1)--
(A) to break with the Maduro regime; and
(B) to recognize the Interim President of Venezuela and his government; and
(3) assess and detail the massive number of desertions and defections that have occurred at the officer and enlisted levels inside the Venezuelan military and security forces.
(c) Briefing Requirement.--Not later than 30 days after the date of the enactment of this Act, the Secretary of State, acting through the Bureau of Intelligence and Research, and in coordination with the Director of National Intelligence, shall provide a classified briefing to appropriate congressional committees on the subject matter described in subsections (a) and (b).
(d) Appropriate Congressional Committees.--In this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Foreign Affairs of the House of Representatives; and
(4) the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. __32. ADDITIONAL RESTRICTIONS ON VISAS.
(a) In General.--The Secretary of State shall impose the visa restrictions described in subsection (c) on any foreign person who the Secretary determines--
(1) is a current or former senior official of the Maduro regime, or any foreign person acting on behalf of such regime, who is knowingly responsible for, complicit in, responsible for ordering, controlling, or otherwise directing, or participating in (directly or indirectly) any activity in or in relation to Venezuela, on or after January 23, 2019, that significantly undermines or threatens the integrity of--
(A) the democratically-elected National Assembly of Venezuela; or
(B) the President of such National Assembly, while serving as Interim President of Venezuela, or the senior government officials under the supervision of such President;
(2) is the spouse or child of a foreign person described in paragraph (1); or
(3) is the spouse or child of Venezuelan person sanctioned under--
(A) section 5(a) of the Venezuela Defense of Human Rights and Civil Society Act of 2014 (Public Law 113-278), as amended by section __63 of this Act;
(B) section 804(b) of the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1903(b)); or
(C) Executive Orders 13692 (50 U.S.C. 1701 note) and 13850.
(b) Removal From Visa Revocation List.--Pursuant to such procedures as the Secretary of State may establish to implement this section--
(1) if any person described in subsection (a)(1) recognizes and pledges support for the Interim President of Venezuela or a subsequent democratically elected government of Venezuela, that person and any family members of that person who were subject to visa restrictions pursuant to subsection (a)(2) shall no longer be subject to such visa restrictions; and
(2) if any person described in subparagraphs (A) through
(C) of subsection (a)(3) recognizes and pledges support for the Interim President of Venezuela or a subsequent democratically elected government of Venezuela, any family members of that person who were subject to visa restrictions pursuant to subsection (a)(3) shall no longer be subject to such visa restrictions.
(c) Visa Restrictions Described.--
(1) Exclusion from the united states and revocation of visa or other documentation.--Subject to paragraph (2) and subsection (b), an alien described in subsection (a)--
(A) is inadmissible to the United States;
(B) is ineligible to receive a visa or other documentation authorizing entry into the United States;
(C) is otherwise ineligible to be admitted into the United States or to receive any benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); and
(D) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i), have his or her visa or other documentation revoked, regardless of when the visa or other documentation was issued.
(2) Exception to comply with united nations headquarters agreement.--Sanctions under paragraph (1) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
(d) Rulemaking.--The President shall issue such regulations, licenses, and orders as may be necessary to carry out this section.
SEC. __33. WAIVER FOR SANCTIONED OFFICIALS THAT RECOGNIZE THE
INTERIM PRESIDENT OF VENEZUELA.
(a) Removal of Sanctions.--If a person sanctioned under any of the provisions of law described in subsection (b) recognizes and pledges supports for the Interim President of Venezuela or a subsequent democratically elected government, the person shall no longer be subject to such sanctions, pursuant to such procedures as the Secretary of State and the Secretary of the Treasury may establish to implement this section.
(b) Sanctions Described.--The sanctions described in this subsection are set forth in the following provisions of law:
(1)(A) Paragraphs (3) and (4) of section 5(a) of the Venezuela Defense of Human Rights and Civil Society Act of 2014 (Public Law 113-278), as amended by section __63 of this Act.
(B) Paragraph (5) of section 5(a) of such Act, to the extent such paragraph relates to the sanctions described in paragraph (3) or (4) of such subsection.
(2)(A) Clauses (1) and (4) of section 1(a)(ii)(A) of Executive Order 13692 (50 U.S.C. 1701 note).
(B) Subparagraph (D)(2) of section 1(a)(ii) of such Executive Order, to the extent such subparagraph relates to the provisions of law cited in subparagraph (A).
(3)(A) Section 1(a)(ii) of Executive Order 13850.
(B) Paragraph (iii) of section 1(a) of such Executive Order, to the extent such paragraph relates to the provision of law cited in subparagraph (A).
(c) Rulemaking.--The President shall issue such regulations, licenses, and orders as may be necessary to carry out this section.
Subtitle D--Restoring Democracy and Addressing the Political Crisis in
Venezuela
SEC. __41. SUPPORT FOR THE ORGANIZATION OF AMERICAN STATES
AND THE LIMA GROUP.
(a) Sense of Congress.--It is the sense of Congress that the Secretary of State should--
(1) take additional steps to support ongoing efforts by the Secretary General of the Organization of American States to promote diplomatic initiatives to foster the restoration of democracy and the rule of law in Venezuela;
(2) conduct diplomatic engagement in support of efforts by the Lima Group to restore democracy and the rule of law in Venezuela and facilitate the delivery of humanitarian assistance for the Venezuelan people; and
(3) engage with the International Contact Group on Venezuela to advance a peaceful and democratic solution to the current crisis.
(b) Defined Terms.--In this section:
(1) International contact group on venezuela.--The
``International Contact Group on Venezuela'' refers to a diplomatic bloc--
(A) whose members include the European Union, France, Germany, Italy, Spain, Portugal, Sweden, the Netherlands, the United Kingdom, Ecuador, Costa Rica, and Uruguay; and
(B) which was established to advance a peaceful and democratic solution to the current crisis in Venezuela.
(2) Lima group.--The ``Lima Group'' refers to a diplomatic bloc--
(A) whose members include Argentina, Brazil, Canada, Chile, Colombia, Costa Rica, Guatemala, Guyana, Honduras, Panama, Paraguay, Peru, and Saint Lucia; and
(B) which was established to address the political, economic, and humanitarian crises in Venezuela.
SEC. __42. ACCOUNTABILITY FOR CRIMES AGAINST HUMANITY.
(a) Sense of Congress.--It is the sense of Congress that the Secretary of State should conduct robust diplomatic engagement in support of efforts in Venezuela, and on the part of the international community, to ensure accountability for possible crimes against humanity and serious violations of human rights.
(b) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to Congress that--
(1) evaluates the degree to which the Maduro regime and its officials, including members of the Venezuelan security forces, have engaged in actions that constitute possible crimes against humanity and serious violations of human rights; and
(2) provides options for holding accountable the perpetrators identified under paragraph (1).
SEC. __43. SUPPORT FOR INTERNATIONAL ELECTION OBSERVATION AND
DEMOCRATIC CIVIL SOCIETY.
(a) In General.--The Secretary of State, in coordination with the Administrator of the United States Agency for International Development--
(1) shall work with the Organization of American States to ensure credible international observation of future elections in Venezuela that contributes to free, fair, and transparent democratic electoral processes; and
(2) shall work with nongovernmental organizations--
(A) to strengthen democratic governance and institutions, including the democratically elected National Assembly of Venezuela;
(B) to defend internationally recognized human rights for the people of Venezuela, including support for efforts to document crimes against humanity and violations of human rights;
(C) to support the efforts of independent media outlets to broadcast, distribute, and share information beyond the limited channels made available by the Maduro regime; and
(D) to combat corruption and improve the transparency and accountability of institutions that are part of the Maduro regime.
(b) Engagement at the Organization of American States.--The Secretary of State, acting through the United States Permanent Representative to the Organization of American States, should advocate and build diplomatic support for sending an election observation mission to Venezuela to ensure that democratic electoral processes are organized and carried out in a free, fair, and transparent manner.
(c) Briefing Requirement.--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, shall provide a briefing on the strategy to carry out the activities described in subsection (a) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of Representatives; and
(4) the Committee on Appropriations of the House of Representatives.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to the Secretary of State for fiscal year 2020, $17,500,000 to carry out the activities set forth in subsection (a).
(2) Notification requirements.--Amounts appropriated pursuant to paragraph (1) are subject to the notification requirements applicable to expenditures from the Economic Support Fund under section 531(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2346(c)) and from the Development Assistance Fund under section 653(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2413(a)), to the extent that such funds are expended.
Subtitle E--Supporting the Reconstruction of Venezuela
SEC. __51. ENGAGING INTERNATIONAL FINANCIAL INSTITUTIONS TO
ADVANCE THE RECONSTRUCTION OF VENEZUELA'S
ECONOMY AND ENERGY INFRASTRUCTURE.
(a) In General.--The President shall engage the International Monetary Fund and the Multilateral Development Banks to support a framework for the economic reconstruction of Venezuela, contingent upon the restoration of democracy and the rule of law in the country.
(b) Additional Elements.--The framework created under subsection (a) should include policy proposals--
(1) to provide Venezuelans with humanitarian assistance, poverty alleviation, and a social safety net;
(2) to advance debt restructuring and debt sustainability measures;
(3) to restore the production and efficient management of Venezuela's oil industry, including rebuilding energy infrastructure;
(4) to eliminate price controls and market distorting subsidies in the Venezuelan economy; and
(5) to address hyperinflation in Venezuela.
(c) Consultation.--In supporting the framework under subsection (a), the President shall consult with relevant stakeholders in the humanitarian (including international and nongovernmental organizations), financial, and energy sectors.
(d) Sense of Congress.--It is the sense of Congress that any effort to conduct debt restructuring should--
(1) include discussions with China, which is Venezuela's biggest creditor; and
(2) appropriately account for China's and Russia's high-risk lending to Venezuela.
(e) Certification.--The President may not support lending or financing for Venezuela from the International Monetary Fund and the Multilateral Development Banks until the Secretary of State submits a report to the Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives certifying that any such lending or financing--
(1) would be managed by the Interim President of Venezuela or a new, democratically-elected President;
(2) would not be used to repay external creditors who are not members of the Group of Seven unless such payments are essential to the restoration of economic stability and democracy in Venezuela; and
(3) would not benefit the Maduro regime.
(f) Waiver.--The President may waive the certification requirement under subsection (e) if the President--
(1) determines that such waiver is in the national interest of the United States; and
(2) not later than 30 days after making a determination under paragraph (1), submits to the congressional committees referred to in subsection (e)--
(A) an explanation for why such a waiver is in the United States national interest; and
(B) why the Secretary of State is unable to submit the certification described in subsection (e).
SEC. __52. RECOVERING ASSETS STOLEN FROM THE VENEZUELAN
PEOPLE.
(a) Recovering Assets.--The Secretary of State, the Secretary of the Treasury, and the Attorney General shall advance a coordinated international effort--
(1) to carry out special financial investigations to identify and track assets taken from the people and institutions of Venezuela through theft, corruption, money laundering, or other illicit means; and
(2) to work with foreign governments--
(A) to share financial investigations intelligence, as appropriate;
(B) to block the assets identified pursuant to paragraph
(1); and
(C) to provide technical assistance to help governments establish the necessary legal framework to carry out asset forfeitures.
(b) Additional Elements.--The coordinated international effort described in subsection (a) should include input from--
(1) the Office of Foreign Assets Control of the Department of the Treasury;
(2) the Financial Crimes Enforcement Network of the Department of the Treasury; and
(3) the Money Laundering and Asset Recovery Section of the Department of Justice.
(c) Strategy Requirement.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, the Secretary of the Treasury, and the Attorney General shall submit a strategy for carrying out the activities described in subsection (a) to--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Banking, Housing, and Urban Affairs of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Foreign Affairs of the House of Representatives;
(E) the Committee on Financial Services of the House of Representatives; and
(F) the Committee on the Judiciary of the House of Representatives.
(2) Additional elements.--The strategy required by paragraph (1) shall include the following:
(A) An assessment whether the United States or another member of the international community should establish a managed fund to hold the assets identified pursuant to subsection (a)(1) that could be returned to a future democratic government in Venezuela.
(B) Such recommendations as the Secretaries and the Attorney General consider appropriate for legislative or administrative action in the United States that would be needed to establish and manage the fund described in subparagraph (A).
Subtitle F--Restoring the Rule of Law in Venezuela
SEC. __61. DEVELOPING AND IMPLEMENTING A COORDINATED
SANCTIONS STRATEGY WITH PARTNERS IN THE WESTERN
HEMISPHERE AND THE EUROPEAN UNION.
(a) Strengthening Sanctions Capacity in Latin America and the Caribbean.--The Secretary of State, in consultation with the Secretary of the Treasury, shall offer to provide technical assistance to partner governments in Latin America and the Caribbean to assist such governments in establishing the legislative and regulatory frameworks needed to impose targeted sanctions on officials of the Maduro regime who--
(1) are responsible for human rights abuses;
(2) have engaged in public corruption; or
(3) are undermining democratic institutions and processes in Venezuela.
(b) Coordinating International Sanctions.--The Secretary of State, in consultation with the Secretary of the Treasury, shall engage in diplomatic efforts with partner governments, including the Government of Canada, governments in the European Union, and governments in Latin America and the Caribbean, to impose targeted sanctions on the Maduro regime officials described in subsection (a).
(c) Strategy Requirement.--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 strategy for carrying out the activities described in subsection (a) to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of Representatives; and
(4) the Committee on Appropriations of the House of Representatives.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to the Secretary of State for fiscal year 2020, $3,000,000 to carry out the activities set forth in subsection (a).
(2) Notification requirements.--Amounts appropriated pursuant to paragraph (1) are subject to the notification requirements applicable to expenditures from the Economic Support Fund under section 531(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2346(c)) and the International Narcotics and Law Enforcement Fund under section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h) to the extent that such funds are expended.
SEC. __62. CLASSIFIED BRIEFING ON THE INVOLVEMENT OF
VENEZUELAN OFFICIALS IN CORRUPTION AND ILLICIT
NARCOTICS TRAFFICKING.
(a) Briefing Requirement.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, acting through the Bureau of Intelligence and Research, and in coordination with the Director of National Intelligence, shall provide a classified briefing to the appropriate congressional committees on the involvement of senior officials of the Maduro regime, including members of the National Electoral Council, the judicial system, and the Venezuelan security forces, in illicit narcotics trafficking and significant acts of public corruption in Venezuela.
(b) Additional Elements.--The briefing provided under subsection (a) shall--
(1) describe how the significant acts of public corruption pose challenges for United States national security and impact the rule of law and democratic governance in countries of the Western Hemisphere;
(2) identify individuals for whom there is credible information that they frustrated the ability of the United States to combat illicit narcotics trafficking;
(3) include an assessment of the relationship between individuals identified under subsection (a) and Nicolas Maduro or members of his cabinet; and
(4) include input from the Drug Enforcement Administration, the Office of Foreign Assets Control, and the Financial Crimes Enforcement Network.
(c) Appropriate Congressional Committees.--In this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Foreign Affairs of the House of Representatives; and
(4) the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. __63. SANCTIONS ON PERSONS RESPONSIBLE FOR PUBLIC
CORRUPTION AND UNDERMINING DEMOCRATIC
GOVERNANCE.
(a) Finding.--Executive Order 13692 (50 U.S.C. 1701 note), which was signed on March 8, 2015, provided for sanctions against any person determined to be responsible for actions that undermine democratic processes and institutions or responsible for acts of public corruption by senior officials within the Government of Venezuela that were not included in the Venezuela Defense of Human Rights and Civil Society Act of 2014 (Public Law 113-278).
(b) Sanctions.--Section 5(a) of the Venezuela Defense of Human Rights and Civil Society Act of 2014 (Public Law 113-278) is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) by redesignating paragraph (3) as paragraph (5);
(3) by inserting after paragraph (2) the following:
``(3) is responsible for, or complicit in, ordering, controlling, or otherwise directing, significant actions or policies that undermine democratic processes or institutions;
``(4) is responsible for, complicit in, ordering, controlling, or otherwise directing, or to have participated in, directly or indirectly, public corruption by senior officials within the Government of Venezuela; or''; and
(4) in paragraph (5), as redesignated, by striking
``paragraph (1) or (2)'' and inserting ``paragraph (1), (2),
(3), or (4)''.
SEC. __64. PUBLIC INFORMATION ABOUT SANCTIONED OFFICIALS.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Treasury, in consultation with the Secretary of State, shall provide a classified briefing to the appropriate congressional committees on the total assessed value of blocked assets of Venezuelans designated under sanctions authorized under--
(1) the Foreign Narcotics Kingpin Designation Act (title VIII of Public Law 106-120; 21 U.S.C. 1901 et seq.);
(2) the Venezuela Defense of Human Rights and Civil Society Act of 2014 (Public Law 113-278), as amended by section __63 of this Act; or
(3) Executive Orders 13692 (50 U.S.C. 1701 note) and 13850.
(b) Additional Elements.--The briefing provided under subsection (a) should provide descriptions of specific cases that are most representative of the endemic corruption and illicit financial activities occurring in Venezuela.
(c) Appropriate Congressional Committees.--In this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Banking, Housing, and Urban Affairs of the Senate;
(3) the Committee on Foreign Affairs of the House of Representatives; and
(4) the Committee on Financial Services of the House of Representatives.
SEC. __65. FINANCIAL SANCTIONS ON MADURO REGIME DEBT.
(a) Finding.--Executive Order 13808 (82 Fed. Reg. 41155), which was signed on August 24, 2017, provided for sanctions intended to limit the ability of the Maduro regime to issue public debt.
(b) Definitions.--In this section and in sections __66 and __68:
(1) Entity.--The term ``entity'' means a partnership, association, trust, joint venture, corporation, group, subgroup, or organization.
(2) Person.--The term ``person'' means an individual or entity.
(3) United states person.--The term ``United States person'' means any--
(A) United States citizen;
(B) alien lawfully admitted for permanent residence to the United States;
(C) entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of any such entity); and
(D) any person physically located in the United States.
(c) In General.--The President may prohibit, in the United States or by a United States person--
(1) any transaction related to, provision of financing for, or other dealing in--
(A) debt instruments with a maturity of greater than 90 days issued by Petroleos de Venezuela, S.A., on or after the date of the enactment of this Act;
(B) debt instruments with a maturity of greater than 30 days or equity issued by the Maduro regime on or after the date of the enactment of this Act, excluding debt instruments issued by Petroleos de Venezuela, S.A., that are not covered under subparagraph (A);
(C) bonds issued by the Maduro regime before the date of the enactment of this Act; or
(D) dividend payments or other distributions of profits to the Maduro regime from any entity owned or controlled, directly or indirectly, by the Maduro regime;
(2) the direct or indirect purchase of securities from the Maduro regime, except for--
(A) securities qualifying as debt instruments issued by Petroleos de Venezuela, S.A., on or after the date of the enactment of this Act that are not described in paragraph
(1)(A); and
(B) securities qualifying as debt instruments issued by the Maduro regime on or after the date of the enactment of this Act that are not described in paragraph (1)(B);
(3) any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate a prohibition under paragraph (1) or (2); and
(4) any conspiracy to violate a prohibition under paragraph
(1), (2), or (3).
(d) Sense of Congress.--It is the sense of Congress that the President should waive the prohibitions described in subsection (c) and in Executive Order 13808 if the related debt instruments, bonds, or securities have been approved or ratified by the democratically elected National Assembly of the Bolivarian Republic of Venezuela.
SEC. __66. ADDITIONAL FINANCIAL SANCTIONS ON MADURO REGIME
DEBT.
(a) Finding.--Executive Order 13835 (83 Fed. Reg. 24001), which was signed on May 21, 2018, provided for additional sanctions against transactions involving the existing public debt of the Maduro regime.
(b) Prohibition.--The President may prohibit a United States person or any person within the United States from--
(1) purchasing any debt owed to the Maduro regime, including accounts receivable;
(2) entering into any transaction related to any debt owed to the Maduro regime that is pledged as collateral after May 21, 2018, including accounts receivable; or
(3) entering into any transaction involving the selling, transferring, assigning, or pledging as collateral by the Maduro regime of any equity interest in any entity in which the Maduro regime has a 50 percent or greater ownership interest.
(c) Sense of Congress.--It is the sense of Congress that the President should waive the prohibitions described in subsection (a) and in Executive Order 13835 if transactions involving related debt instruments, bonds, or securities have been approved or ratified by the democratically elected National Assembly of Venezuela.
SEC. __67. EXPANDING KINGPIN SANCTIONS ON NARCOTICS
TRAFFICKING AND MONEY LAUNDERING.
(a) Financial Sanctions Expansion.--The Secretary of the Treasury, the Attorney General, the Secretary of State, the Secretary of Defense, and the Director of the Central Intelligence Agency should expand investigations, intelligence collection, and analysis pursuant to the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.) to facilitate the identification and support the application of sanctions against--
(1) significant foreign narcotics traffickers, their organizations and networks; and
(2) the foreign persons who provide material, financial, or technological support to such traffickers, organizations, and networks.
(b) Targets.--The efforts described in subsection (a) should specifically target--
(1) senior members of the Maduro regime, including military officers, involved in narcotics trafficking and money laundering;
(2) foreign narcotics traffickers and their organizations and networks that are operating in Venezuela; and
(3) the foreign persons who provide material, financial, or technological support to such traffickers, organizations, and networks that are operating in Venezuela.
SEC. __68. SANCTIONS ON THE MADURO REGIME'S TRADE IN GOLD.
(a) Finding.--Executive Order 13850, which was signed on November 1, 2018, ordered sanctions against the gold sector of the Venezuelan economy.
(b) Sanctions Authorized.--The President, in consultation with the Secretary of the Treasury and the Secretary of State, may block and prohibit the transfer, payment, exportation, withdrawal, or other disposition of all property and interests in property of any person that operates in the gold sector of the Venezuelan economy if such property is in the United States, comes into the United States, or is or comes within the possession or control of any United States person.
(c) Report.--Not later than 30 days after date of the enactment of this Act, the Secretary of the Treasury shall submit a report to the appropriate congressional committees
(as defined in section 612(b)) that--
(1) details whether section 5318A of title 31, United States Code, provides the Secretary of the Treasury with sufficient authority to fully address the extent to which transactions related to finished and unfinished precious metals are used to assist in money-laundering transactions, particularly with respect to high-risk jurisdictions, including Venezuela;
(2) includes recommendations the Secretary of the Treasury considers necessary and appropriate for United States legislative or administrative action that would be needed to address any findings referred to in paragraph (1); and
(3) includes, in a classified annex, an explanation for how the Department of the Treasury is currently using its authorities under section 5318A of title 31, United States Code, to address transactions related to precious metals that are used to assist in money-laundering transactions.
SEC. __69. CONCERNS OVER PDVSA TRANSACTIONS WITH ROSNEFT.
(a) Findings.--Congress makes the following findings:
(1) In late 2016, Venezuelan state-owned oil company Petroleos de Venezuela, S.A. (referred to in this section as
``PDVSA''), through a no compete transaction, secured a loan from Russian government-controlled oil company Rosneft, using 49.9 percent of PDVSA's American subsidiary, CITGO Petroleum Corporation, including its assets in the United States, as collateral. As a result of this transaction, 100 percent of CITGO is held as collateral by PDVSA's creditors.
(2) CITGO, a wholly owned subsidiary of PDVSA, is engaged in interstate commerce and owns and controls critical energy infrastructure in 19 States of the United States, including an extensive network of pipelines, 48 terminals, and 3 refineries, with a combined oil refining capacity of 749,000 barrels per day. CITGO's refinery in Lake Charles, Louisiana, is the sixth largest refinery in the United States.
(3) The Department of the Treasury imposed sanctions on Rosneft, which is controlled by the Government of the Russian Federation, and its Executive Chairman, Igor Sechin, following Russia's military invasion of Ukraine and its illegal annexation of Crimea in 2014.
(4) The Department of Homeland Security has designated the energy sector as critical to United States infrastructure.
(5) The growing economic crisis in Venezuela raises the probability that the Maduro regime and PDVSA will default on their international debt obligations, resulting in a scenario in which Rosneft could come into control of CITGO's United States energy infrastructure holdings.
(b) Sense of Congress.--It is the sense of Congress that--
(1) control of critical United States energy infrastructure by Rosneft, a Russian government-controlled entity currently under United States sanctions that is led by Igor Sechin, who is also under United States sanctions and is a close associate of Vladimir Putin, would pose a significant risk to United States national security and energy security; and
(2) a default by PDVSA on its loan from Rosneft, resulting in Rosneft coming into possession of PDVSA's United States CITGO assets, would warrant careful consideration by the Committee on Foreign Investment in the United States.
(c) Preventing Rosneft From Controlling United States Energy Infrastructure.--The President shall take all necessary steps to prevent Rosneft from gaining control of critical United States energy infrastructure.
(d) Security Risk Briefing.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of the Treasury, in consultation with the Secretary of State and the Secretary of Energy, shall provide a briefing on the security risks posed by Russian control of CITGO's United States energy infrastructure holdings to--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Homeland Security and Governmental Affairs of the Senate;
(3) the Committee on Foreign Affairs of the House of Representatives; and
(4) the Committee on Homeland Security of the House of Representatives.
SEC. __69A. CLASSIFIED BRIEFING ON ACTIVITIES OF CERTAIN
FOREIGN GOVERNMENTS AND ACTORS IN VENEZUELA.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, acting through the Bureau of Intelligence and Research of the Department of State, and in coordination with the Director of National Intelligence, shall provide a classified briefing to the appropriate congressional committees on--
(1) the full extent of cooperation by the Government of the Russian Federation, the Government of the People's Republic of China, the Government of Cuba, and the Government of Iran with the Maduro regime; and
(2) the activities inside Venezuelan territory of foreign armed groups, including Colombian criminal organizations and defectors from the Colombian guerilla group known as the Revolutionary Armed Forces of Colombia, and foreign terrorist organizations, including the Colombian guerilla group known as the National Liberation Army (ELN).
(b) Appropriate Congressional Committees.--In this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Foreign Affairs of the House of Representatives; and
(4) the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. __69B. COUNTERING RUSSIAN INFLUENCE IN VENEZUELA.
(a) Short Title.--This section may be cited as the
``Russian-Venezuelan Threat Mitigation Act''.
(b) Threat Assessment and Strategy to Counter Russian Influence in Venezuela.--
(1) Defined term.--In this subsection, the term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate; and
(B) the Committee on Foreign Affairs of the House of Representatives.
(2) Threat assessment.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees regarding--
(A) an assessment of Russian-Venezuelan security cooperation; and
(B) the potential threat such cooperation poses to the United States and countries in the Western Hemisphere.
(3) Strategy.--Not later than 30 days after the briefing required under paragraph (2), the Secretary of State shall brief the appropriate congressional committees regarding a strategy to counter threats identified in such assessment from Russian-Venezuelan cooperation.
(c) Aliens Ineligible for Visas, Admission, or Parole.--
(1) In general.--An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of either Secretary) knows, or has reason to believe, is an alien who is acting or has acted on behalf of the Russian Government in direct support of the security forces of the Maduro regime is--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other documentation to enter the United States; and
(C) otherwise ineligible to be admitted into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(2) Current visas revoked.--
(A) In general.--The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) 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 an alien described in paragraph (1) regardless of when the visa or other entry documentation is issued.
(B) Effect of revocation.--A revocation under subparagraph
(A) shall--
(i) take effect immediately; and
(ii) automatically cancel any other valid visa or entry documentation that is in the alien's possession.
(3) Exception to comply with united nations headquarters agreement or for national security reasons.--
(A) International obligations.--This section shall not apply to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with--
(i) 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
(ii) other applicable international obligations of the United States.
(B) National security.--The President may waive the application of this section to an alien if the President--
(i) determines that such a waiver is in the national interest of the United States; and
(ii) submits a notice of, and justification for, such waiver to the appropriate congressional committees.
(4) Sunset.--This subsection shall terminate on the date that is 1 year after the date of the enactment of this Act.
SEC. __69C. RESTRICTION ON EXPORT OF COVERED ARTICLES AND
SERVICES TO CERTAIN SECURITY FORCES OF
VENEZUELA.
(a) Short Title.--This section may be cited as the
``Venezuela Arms Restriction Act''.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Banking, Housing, and Urban Affairs of the Senate;
(C) the Committee on Foreign Affairs of the House of Representatives; and
(D) the Committee on Financial Services of the House of Representatives.
(2) Covered article or service.--The term ``covered article or service''--
(A) for purposes of subsection (c), means--
(i) a defense article or defense service (as such terms are defined in section 47 of the Arms Export Control Act (22 U.S.C. 2794)); and
(ii) any article included on the Commerce Control 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, and controlled for crime control purposes, if the end user is likely to use the article to violate the human rights of the citizens of Venezuela; and
(B) for purposes of subsection (d), means--
(i) any defense article or defense service of the type described in section 47 of the Arms Export Control Act (22 U.S.C. 2794); and
(ii) any article of the type included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations and controlled for crime control purposes.
(3) Foreign person.--The term ``foreign person'' means a person that is not a United States person.
(4) Person.--The term ``person'' means an individual or entity.
(5) Security forces of venezuela.--The term ``security forces of Venezuela'' includes--
(A) the Bolivarian National Armed Forces, including the Bolivarian National Guard;
(B) the Bolivarian National Intelligence Service;
(C) the Bolivarian National Police; and
(D) the Bureau for Scientific, Criminal and Forensic Investigations of the Ministry of Interior, Justice, and Peace.
(6) United states person.--The term ``United States person'' means--
(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
(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 an entity.
(c) Restriction on Export of Covered Articles and Services to Certain Security Forces of Venezuela.--
(1) In general.--Notwithstanding any other provision of law, covered articles or services may not be exported from the United States to any element of the security forces of the Maduro regime.
(2) Determination.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Commerce and the heads of other departments and agencies, as appropriate, shall--
(A) determine, using such information that is available to the Secretary of State, whether any covered article or service has been transferred since July 2017 to the security forces of Venezuela without a license or other authorization as required by law; and
(B) submit such determination in writing to the appropriate congressional committees.
(d) Briefing.--
(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 Secretary of Commerce, as appropriate, shall brief the appropriate congressional committees regarding the transfer by foreign persons of covered articles or services to elements of the security forces of Venezuela that are under the authority of the Maduro regime.
(2) Matters to be included.--The briefing required under paragraph (1) shall include--
(A) a list of all significant transfers by foreign persons of covered articles or services to such elements of the security forces of Venezuela since July 2017;
(B) a list of all foreign persons who maintain an existing defense relationship with such elements of the security forces of Venezuela; and
(C) any known use of covered articles or services by such elements of the security forces of Venezuela or associated forces, including paramilitary groups, that have coordinated with such security forces to assault, intimidate, or murder political activists, protesters, dissidents, and other civil society leaders, including Juan Guaido.
(e) Sunset.--This section shall terminate on the earlier of--
(1) the date that is 3 years after the date of the enactment of this Act; or
(2) the date on which the President certifies to the appropriate congressional committees that the Government of Venezuela has returned to a democratic form of government with respect for the essential elements of representative democracy as set forth in Article 3 of the Inter-American Democratic Charter, adopted by the Organization of American States in Lima on September 11, 2001.
Subtitle G--Cryptocurrency Sanctions and Ensuring the Effectiveness of
United States Sanctions
SEC. __71. SANCTIONS ON VENEZUELA'S CRYPTOCURRENCY AND THE
PROVISION OF RELATED TECHNOLOGIES.
(a) Finding.--Executive Order 13827 (83 Fed. Reg. 12469), which was signed on March 19, 2018, provided for sanctions intended to limit the effectiveness of the issuance by the Maduro regime of a digital currency in an effort to circumvent United States sanctions.
(b) Definitions.--In this section:
(1) Entity.--The term ``entity'' means a partnership, association, trust, joint venture, corporation, group, subgroup, or organization.
(2) Person.--The term ``person'' means an individual or entity.
(3) United states person.--The term ``United States person'' means any--
(A) United States citizen;
(B) alien lawfully admitted for permanent residence to the United States;
(C) entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of any such entity); and
(D) any person physically located in the United States.
(c) Prohibition of Certain Transactions.--
(1) In general.--All transactions by a United States person or within the United States that relate to, provide financing for, or otherwise deal in any digital currency, digital coin, or digital token, that was issued by, for, or on behalf of the Maduro regime are prohibited beginning on the date of the enactment of this Act.
(2) Applicability.--The prohibitions under paragraph (1) shall apply to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to thistitle, and notwithstanding any contract entered into or any license or permit granted before the date of the enactment of this Act.
(3) Prohibitions.--Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this subsection is prohibited. Any conspiracy formed to violate any of the prohibitions set forth in this subsection is prohibited.
(d) Rulemaking.--
(1) In general.--The Secretary of the Treasury, in consultation with the Secretary of State, is authorized to take such actions, including promulgating rules and regulations, to implement this section.
(2) Delegation.--The Secretary of the Treasury may redelegate any of the functions described in paragraph (1) to other officers and executive departments and agencies of the United States Government. All agencies of the United States Government shall take all appropriate measures within their authority to carry out the provisions of this section.
(e) Waiver.--The President may waive the prohibition under subsection (c)(1) if the President--
(1) determines that such waiver is in the national interest of the United States; and
(2) not later than 30 days after making a determination under paragraph (1), submits a written explanation for why such a waiver is in the United States national interest to--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Banking, Housing, and Urban Affairs of the Senate;
(C) the Committee on Foreign Affairs of the House of Representatives; and
(D) the Committee on Financial Services of the House of Representatives.
SEC. __72. BRIEFING ON THE IMPACT OF CRYPTOCURRENCIES ON
UNITED STATES SANCTIONS.
(a) Definition.--In this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Banking, Housing, and Urban Affairs of the Senate;
(3) the Committee on Foreign Affairs of the House of Representatives; and
(4) the Committee on Financial Services of the House of Representatives.
(b) Methodology.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of the Treasury, after consultation with the Chairman of the Securities and Exchange Commission and the Chairman of the Commodity Futures Trading Commission, shall develop a methodology to assess how any digital currency, digital coin, or digital token, that was issued by, for, or on behalf of the Maduro regime is being utilized to circumvent or undermine United States sanctions.
(c) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of the Treasury shall brief the appropriate congressional committees on the methodology developed under subsection (b).
Subtitle H--Miscellaneous Provisions
SEC. __81. CONGRESSIONAL BRIEFINGS.
(a) Humanitarian Assistance; Sanctions Coordination.--
(1) In general.--Not later than 15 days after any of the congressional committees listed in paragraph (2) requests a briefing regarding the implementation--
(A) of section 201, the Secretary of State and the Administrator of the United States Agency for International Development shall provide such briefing to such committee; and
(B) of section 601, the Secretary of State shall provide such briefing to such committee.
(2) Congressional committees.--The committees listed in this paragraph are--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of Representatives; and
(D) the Committee on Appropriations of the House of Representatives.
(b) United Nations; Negotiated Solution; Crimes Against Humanity.--
(1) In general.--Not later than 15 days after any congressional committee listed in paragraph (2) requests a briefing regarding the implementation of section 103, 202, or 403, the Secretary of State shall provide such briefing to such committee.
(2) Congressional committees.--The congressional committees listed in this paragraph are--
(A) the Committee on Foreign Relations of the Senate; and
(B) the Committee on Foreign Affairs of the House of Representatives.
(c) Regime Cohesion.--
(1) In general.--Not later than 15 days after a congressional committee listed in paragraph (2) requests a briefing regarding the implementation of section 301, the Secretary of State and the Director of National Intelligence shall provide such briefing to such committee.
(2) Congressional committees.--The congressional committees listed in this paragraph are--
(A) the Committee on Foreign Relations of the Senate;
(B) the Select Committee on Intelligence of the Senate;
(C) the Committee on Foreign Affairs of the House of Representatives; and
(D) the Permanent Select Committee on Intelligence of the House of Representatives.
(d) International Election Observation; Democratic Civil Society.--Not later than 15 days after a congressional committee listed in subsection (a)(2) requests a briefing regarding the implementation of section 405, the Secretary of State and the Administrator of the United States Agency for International Development shall provide such briefing to such committee.
(e) Visa Restrictions; Sanctions Waiver.--Not later than 15 days after a congressional committee listed in subsection
(b)(2) requests a briefing regarding the implementation of section 302 or 303, the Secretary of State shall provide such briefing to such committee.
(f) Reconstruction of Venezuela's Energy Infrastructure.--
(1) In general.--Not later than 15 days after a congressional committee listed in paragraph (2) requests a briefing regarding the implementation of section 501, the Secretary of State, the Secretary of Energy, and the Secretary of the Treasury shall provide such briefing to such committee.
(2) Congressional committees.--The congressional committees listed in this paragraph are--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Energy and Natural Resources of the Senate;
(C) the Committee on Foreign Affairs of the House of Representatives; and
(D) the Committee on Energy and Commerce of the House of Representatives.
(g) Recovery of Stolen Assets.--
(1) In general.--Not later than 15 days after a congressional committee listed in paragraph (2) requests a briefing regarding the implementation of section 502, the Secretary of State, the Secretary of the Treasury, and the Attorney General shall provide such briefing to such committee.
(2) Congressional committees.--The congressional committees listed in this paragraph are--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Banking, Housing, and Urban Affairs of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Foreign Affairs of the House of Representatives;
(E) the Committee on Financial Services of the House of Representatives; and
(F) the Committee on the Judiciary of the House of Representatives.
(h) Financial Sanctions.--
(1) In general.--Not later than 15 days after a congressional committee listed in paragraph (2) requests a briefing regarding the implementation of section 605, 606, or 608, the Secretary of the Treasury shall provide such briefing to such committee.
(2) Congressional committees.--The congressional committees listed in this paragraph are--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Banking, Housing, and Urban Affairs of the Senate;
(C) the Committee on Foreign Affairs of the House of Representatives; and
(D) the Committee on Financial Services of the House of Representatives.
(i) Kingpin Sanctions.--Not later than 15 days after a congressional committee listed in subsection (h)(2) requests a briefing regarding the implementation of section 607, the Secretary of the Treasury, the Attorney General, the Secretary of State, and the Director of the Central Intelligence Agency shall provide such briefing to such committee.
(j) PDVSA Transactions With Rosneft.--
(1) In general.--Not later than 15 days after a congressional committee listed in paragraph (2) requests a briefing regarding the implementation of section 609, the Secretary of State, the Secretary of the Treasury, and the Secretary of Homeland Security shall provide such briefing to such committee.
(2) Congressional committees.--The congressional committees listed in this paragraph are--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Homeland Security and Governmental Affairs of the Senate;
(C) the Committee on Foreign Affairs of the House of Representatives; and
(D) the Committee on Homeland Security of the House of Representatives.
(k) Cryptocurrency Sanctions.--Not later than 15 days after a congressional committee listed in subsection (h)(2) requests a briefing regarding the implementation of section 701 or 702, the Secretary of State and the Secretary of the Treasury shall provide such briefing to such committee.
SEC. __82. SANCTIONS IMPLEMENTATION AND PENALTIES.
(a) Implementation.--
(1) President.--The President may exercise all of the authorities described in sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out sections __63, __65, __66, __67, __68, and __71 of this Act.
(2) Secretary of the treasury.--The Secretary of the Treasury, in consultation with the Secretary of State, may promulgate such regulations as may be necessary to implement the provisions set forth in sections __63, __65, __66, __67, __68, and __71 of this Act.
(b) Penalties.--Any person that violates, attempts to violate, conspires to violate, or causes a violation of any of the sanctions described in sections __63, __65, __66, __67, __68 and __71, or of any regulation, license, or order issued to carry out those sections, shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
SEC. __83. PROHIBITION ON CONSTRUCTION OF PROVISIONS OF THIS
ACT AS AN AUTHORIZATION FOR THE USE OF MILITARY
FORCE.
Nothing in this title may be construed as an authorization for the use of military force.
SEC. __84. EXTENSION AND TERMINATION OF SANCTIONS AGAINST
VENEZUELA.
(a) Amendment.--Section 5(e) of the Venezuela Defense of Human Rights and Civil Society Act of 2014 (Public Law 113-278; 50 U.S.C. 1701 note) is amended by striking ``December 31, 2019'' and inserting ``December 31, 2025''.
(b) Termination.--The requirement to impose sanctions under this title shall terminate on December 31, 2025.
______
SA 360. Mr. COTTON (for himself, Mr. Whitehouse, Mr. Isakson, Mr. Jones, Mr. Cornyn, and Ms. Rosen) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1226. EXPANSION OF AVAILABILITY OF FINANCIAL ASSETS OF
IRAN TO VICTIMS OF TERRORISM.
(a) Findings.--Congress makes the following findings:
(1) On October 23, 1983, terrorists sponsored by the Government of Iran bombed the United States Marine barracks in Beirut, Lebanon. The terrorists killed 241 servicemen and injured scores more.
(2) Those servicemen were killed or injured while on a peacekeeping mission.
(3) Terrorism sponsored by the Government of Iran threatens the national security of the United States.
(4) The United States has a vital interest in ensuring that members of the Armed Forces killed or injured by such terrorism, and the family members of such members, are able to seek justice.
(b) Amendments.--Section 502 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8772) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``in the United States'' and inserting ``by or'';
(B) in subparagraph (B), by inserting ``, or an asset that would be blocked if the asset were located in the United States,'' after ``unblocked)''; and
(C) in the flush text at the end--
(i) by inserting after ``in aid of execution'' the following: ``, or to an order directing that the asset be brought to the State in which the court is located and subsequently to execution or attachment in aid of execution,''; and
(ii) by inserting ``, without regard to concerns relating to international comity'' after ``resources for such an act'';
(2) in subsection (b)--
(A) by striking ``that are identified'' and inserting the following: ``that are--
``(1) identified'';
(B) by striking the period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(2) identified in and the subject of proceedings in the United States District Court for the Southern District of New York in Peterson et al. v. Islamic Republic of Iran et al., Case No. 13 Civ. 9195 (LAP).''; and
(3) by striking subsection (e).
______
SA 361. Mr. COTTON submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle F of title X, insert the following:
SEC. ___. REPORTING REGARDING CANCELLED APPROPRIATIONS.
(a) Assessments Required.--
(1) Fiscal years 2009 through 2018.--Not later than 60 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the committees of Congress described in paragraph (3) a report that assesses the amount of appropriations cancelled under section 1552 of title 31, United States Code, during each of fiscal years 2009 through 2018.
(2) Fiscal year 2019.--Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the committees of Congress described in paragraph (3) a report that assesses the amount of appropriations cancelled under section 1552 of title 31, United States Code, during fiscal year 2019.
(3) Committees.--The committees of Congress described in this paragraph are--
(A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on the Budget of the Senate; and
(B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on the Budget of the House of Representatives.
(b) Elements of Assessment.--Each assessment conducted under subsection (a) shall address the following:
(1) The amount of appropriations for each agency that were cancelled during each fiscal year covered by the report, including--
(A) the name of each appropriation account from which amounts were cancelled;
(B) for each cancelled appropriation, the fiscal year for which the appropriation was made, the period of availability of the appropriation, and the fiscal year during which the appropriation was cancelled;
(C) for each fiscal year for which appropriations made to the agency were cancelled, the percentage of the appropriations made available to the agency for the fiscal year that were cancelled; and
(D) whether there was an adjustment made with respect to the cancelled appropriation under section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)) or the cancelled appropriation was otherwise excluded from being taken into account for purposes of the discretionary spending limits (as defined in section 250 of such Act (2 U.S.C. 900)).
(2) The extent to which canceled appropriations different significantly across agencies or over time.
(3) The extent to which canceled appropriations are correlated with obligation rates or the length of time.
(4) The extent to which canceled appropriations are correlated with the length of continuing resolutions in the original year of the appropriation.
______
SA 362. Ms. COLLINS (for herself and Mr. King) submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VII, add the following:
SEC. ___. REQUIREMENTS FOR CERTAIN PRESCRIPTION DRUG LABELS
UNDER THE TRICARE PROGRAM.
(a) Requirement.--Section 1074g of title 10, United States Code, is amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following new subsection (h):
``(h) Labeling.--The Secretary of Defense shall ensure that drugs made available through the facilities of the uniformed services include labels that--
``(1) are printed and physically located on or within the package from which the drug is to be dispensed; and
``(2) provide adequate directions for the purposes for which the drug is intended.''.
(b) Conforming Amendment.--Subsection (b)(1) of such section is amended by striking ``under subsection (h)'' and inserting ``under subsection (j)''.
(c) Implementation.--Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall implement subsection (h) of section 1074g of title 10, United States Code, as added by subsection (a).
______
SA 363. Mr. YOUNG submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title II, add the following:
SEC. ___. MODIFICATION OF AUTHORITIES FOR THE JOINT
HYPERSONICS TRANSITION OFFICE.
Section 218 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10 U.S.C. 2358 note) is amended--
(1) in subsection (a), by striking ``subsection (b), and shall'' and inserting ``subsection (c), and shall'';
(2) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively;
(3) by inserting after subsection (a) the following new subsection (b):
``(b) Head of the Joint Hypersonics Transition Office.--
``(1) In general.--Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, the Secretary shall designate a senior official in the Department who shall be the head of the Office.
``(2) Reporting.--The head of the Office shall report to the Assistant Director for Hypersonics within the Office of the Under Secretary of Defense for Research and Engineering.'';
(4) in subsection (c), as redesignated by paragraph (2), by inserting ``head of the'' before ``Office'';
(5) in subsection (d), as redesignated by paragraph (2)--
(A) in the matter before paragraph (1), by inserting ``head of the'' before ``Office'';
(B) in paragraph (3)(A), by inserting ``, academic,'' after
``private sector''; and
(C) in paragraph (5)--
(i) by striking ``under subsection (e)'' and inserting
``under subsection (f)''; and
(ii) by striking ``under subsection (d)'' and inserting
``under subsection (e)'';
(6) by redesignating subsection (e) through (f), as redesignated by paragraph (2), as subsections (f) through
(g), respectively;
(7) by inserting after subsection (d), as redesignated by paragraph (2), the following new subsection (e):
``(e) Consortium of Universities.--
``(1) In general.--In carrying out subsection (d)(3)(B), the head of the Office shall designate a consortium of universities to lead foundational hypersonic research in research areas the head considers appropriate for the Department.
``(2) Collaboration.--The head of the Office shall encourage the consortium designated under paragraph (1) to collaborate across the Federal Government, the private sector, and academia.'';
(8) in subsection (f), as redesignated by paragraph (6)--
(A) in paragraph (3)--
(i) in subparagraph (C)--
(I) in clause (i), by striking ``; and'' and inserting a semicolon;
(II) in clause (ii), by striking the period at the end and inserting ``; and''; and
(III) by adding at the end the following new clause:
``(iii) the activities and resources of the consortium designated under subsection (e) that will be leveraged by the Department to meet such goals.''; and
(ii) in subparagraph (D), by inserting ``and infrastructure'' after ``facilities'' each place it appears; and
(B) by adding at the end the following new paragraph:
``(4) Submittal to congress.--
``(A) Initial submittal.--Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, the Secretary shall submit to the congressional defense committees the roadmap developed under paragraph (1).
``(B) Revisions.--Each year, concurrent with the submittal to Congress of the budget of the President for fiscal year 2021 under section 1105(a) of title 31, United States Code, the Secretary shall submit to the congressional defense committees the most recent revision to the roadmap developed under paragraph (1).'';
(9) in subsection (g), as redesignated by paragraph (6)--
(A) in paragraph (1)--
(i) in the matter before subparagraph (A), by inserting
``head of the'' before ``Office'';
(ii) in subparagraph (A)--
(I) by inserting ``Departmentwide'' before ``research'';
(II) by striking ``within the Department of Defense''; and
(III) by striking ``; and'' and inserting a period;
(iii) by striking subparagraph (B); and
(iv) by striking ``a review of--'' and all that follows through ``(A) the funding'' and inserting ``a review of the funding'';
(B) in paragraph (2)--
(i) by inserting ``head of the'' before ``Office''; and
(ii) by striking ``under subsection (d)'' and inserting
``under subsection (f)''; and
(C) in paragraph (3), by striking ``fiscal year 2016'' and inserting ``fiscal year 2024''; and
(10) by adding at the end the following new subsection:
``(g) Funding.--The Secretary may make available such funds to the Office for basic research, applied research, advanced technology development, prototyping, studies and analyses, and organizational support as the Secretary considers appropriate to support the efficient and effective development of hypersonics technologies and transition of those systems and technologies into acquisition programs or operational use.''.
______
SA 364. Mr. CARPER (for himself, Mr. Barrasso, Mr. Whitehouse, Mr. Cramer, Mr. Booker, Mr. Sullivan, Mr. Blumenthal, Mrs. Capito, and Mrs. Gillibrand) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. ___. DIESEL EMISSIONS REDUCTION PROGRAM.
(a) Reauthorization of Diesel Emissions Reduction Program.--Section 797(a) of the Energy Policy Act of 2005 (42 U.S.C. 16137(a)) is amended by striking ``2016'' and inserting ``2024''.
(b) Recognizing Differences in Diesel Vehicle, Engine, Equipment, and Fleet Use.--
(1) National grant, rebate, and loan programs.--Section 792(c)(4)(D) of the Energy Policy Act of 2005 (42 U.S.C. 16132(c)(4)(D)) is amended by inserting ``, recognizing differences in typical vehicle, engine, equipment, and fleet use throughout the United States'' before the semicolon.
(2) State grant, rebate, and loan programs.--Section 793(b)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16133(b)(1)) is amended--
(A) in subparagraph (B), by striking ``; and'' and inserting a semicolon; and
(B) by adding at the end the following:
``(D) the recognition, for purposes of implementing this section, of differences in typical vehicle, engine, equipment, and fleet use throughout the United States, including expected useful life; and''.
(c) Reallocation of Unused State Funds.--Section 793(c)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C. 16133(c)(2)(C)) is amended beginning in the matter preceding clause (i) by striking ``to each remaining'' and all that follows through ``this paragraph'' in clause (ii) and inserting ``to carry out section 792''.
______
SA 365. Ms. KLOBUCHAR (for herself and Mr. Cornyn) submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title V, insert the following:
SEC. ____. STUDY ON TWO-WAY MILITARY BALLOT BARCODE TRACKING.
(a) Study.--The Director of the Federal Voting Assistance Program of the Department of Defense shall conduct a study on the feasibility of a pilot program providing full ballot tracking of overseas military absentee ballots through the mail stream in a manner that is similar to the 2016 Military Ballot Tracking Pilot Program conducted by the Federal Voting Assistance Program.
(b) Report.--Not later than 1 year after the date of the enactment of this Act, the Director of the Federal Voting Assistance Program shall submit to Congress a report on the results of the study conducted under subsection (a). Such report shall include--
(1) an estimate of the costs and requirements needed to conduct the pilot program described in subsection (a);
(2) a description of organizations that would provide substantial support for such a pilot program; and
(3) a time line for the phased implementation of the pilot program to all military personnel actively serving overseas.
______
SA 366. Mrs. FEINSTEIN (for herself and Ms. Harris) submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XXVIII, add the following:
SEC. 2815. MODIFICATION OF AUTHORIZED USES OF CERTAIN
PROPERTY CONVEYED BY THE UNITED STATES IN LOS
ANGELES, CALIFORNIA.
(a) In General.--Section 2 of Public Law 85-236 (71 Stat. 517) is amended in the first sentence by inserting after
``for other military purposes'' the following: ``and for purposes of meeting the needs of the homeless (as that term is defined in section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302))''.
(b) Modification of Use.--
(1) Application.--The State of California may submit to the Administrator of General Services an application for use of the property conveyed pursuant to section 2 of Public Law 85-236 for purposes of meeting the needs of the homeless in accordance with the amendment made by subsection (a).
(2) Review of application.--Not later than 60 days after the date of receipt of an application pursuant to paragraph
(1), the Administrator and the Secretary of Health and Human Services shall jointly determine whether the use of the property described in the application is a use for purposes of meeting the needs of the homeless.
(3) Modification of instrument of conveyance.--
(A) In general.--If the Administrator and the Secretary jointly determine that the use of the property described in the application is for purposes of meeting the needs of the homeless, the Administrator shall execute and record in the appropriate office an instrument of modification of the deed of conveyance executed pursuant to Public Law 85-236 in order to authorize such use of the property. The instrument shall include such additional terms and conditions as the Administrator considers appropriate to protect the interests of the United States.
(B) Compatibility with military purposes.--Before executing under subparagraph (A) any instrument of modification of the deed of conveyance executed pursuant to Public Law 85-236, the Administrator and the Secretary shall request review by the Chief of the National Guard Bureau in consultation with the Secretary of the Army to ensure that any modification of the use of the property described in the application is compatible with the training of the members of the National Guard.
______
SA 367. Mr. SCHATZ (for himself and Mrs. Gillibrand) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title V, add the following:
PART V--OTHER DISCHARGE CHARACTERIZATION MATTERS
SEC. 565. SHORT TITLE.
This part may be cited as the ``Restore Honor to Service Members Act''.
SEC. 565A. REVIEW OF DISCHARGE CHARACTERIZATION.
(a) In General.--In accordance with this section, the appropriate discharge boards--
(1) shall review the discharge characterization of covered members at the request of the covered member; and
(2) if such characterization is any characterization except honorable, may change such characterization to honorable.
(b) Criteria.--In changing the discharge characterization of a covered member to honorable under subsection (a)(2), the Secretary of Defense shall ensure that such changes are carried out consistently and uniformly across the military departments using the following criteria:
(1) The original discharge must be based on Don't Ask Don't Tell (in this Act referred to as ``DADT'') or a similar policy in place prior to the enactment of DADT.
(2) Such discharge characterization shall be so changed if, with respect to the original discharge, there were no aggravating circ*mstances, such as misconduct, that would have independently led to a discharge characterization that was any characterization except honorable. For purposes of this paragraph, such aggravating circ*mstances may not include--
(A) an offense under section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice), committed by a covered member against a person of the same sex with the consent of such person; or
(B) statements, consensual sexual conduct, or consensual acts relating to sexual orientation or identity, or the disclosure of such statements, conduct, or acts, that were prohibited at the time of discharge but after the date of such discharge became permitted.
(3) When requesting a review, a covered member, or the member's representative, shall be required to provide either--
(A) documents consisting of--
(i) a copy of the DD-214 form of the member;
(ii) a personal affidavit of the circ*mstances surrounding the discharge; and
(iii) any relevant records pertaining to the discharge; or
(B) an affidavit certifying that the member, or the member's representative, does not have the documents specified in subparagraph (A).
(4) If a covered member provides an affidavit described in subparagraph (B) of paragraph (3)--
(A) the appropriate discharge board shall make every effort to locate the documents specified in subparagraph (A) of such paragraph within the records of the Department of Defense; and
(B) the absence of such documents may not be considered a reason to deny a change of the discharge characterization under subsection (a)(2).
(c) Request for Review.--The appropriate discharge board shall ensure the mechanism by which covered members, or their representative, may request to have the discharge characterization of the covered member reviewed under this section is simple and straightforward.
(d) Review.--
(1) In general.--After a request has been made under subsection (c), the appropriate discharge board shall review all relevant laws, records of oral testimony previously taken, service records, or any other relevant information regarding the discharge characterization of the covered member.
(2) Additional materials.--If additional materials are necessary for the review, the appropriate discharge board--
(A) may request additional information from the covered member or the member's representative, in writing, and specifically detailing what is being requested; and
(B) shall be responsible for obtaining a copy of the necessary files of the covered member from the member, or when applicable, from the Department of Defense.
(e) Change of Characterization.--The appropriate discharge board shall change the discharge characterization of a covered member to honorable if such change is determined to be appropriate after a review is conducted under subsection
(d) pursuant to the criteria under subsection (b). A covered member, or the member's representative, may appeal a decision by the appropriate discharge board to not change the discharge characterization by using the regular appeals process of the board.
(f) Change of Records.--For each covered member whose discharge characterization is changed under subsection (e), or for each covered member who was honorably discharged but whose DD-214 form reflects the sexual orientation of the member, the Secretary of Defense shall reissue to the member or the member's representative a revised DD-214 form that reflects the following:
(1) For each covered member discharged, the Separation Code, Reentry Code, Narrative Code, and Separation Authority shall not reflect the sexual orientation of the member and shall be placed under secretarial authority. Any other similar indication of the sexual orientation or reason for discharge shall be removed or changed accordingly to be consistent with this paragraph.
(2) For each covered member whose discharge occurred prior to the creation of general secretarial authority, the sections of the DD-214 form referred to paragraph (1) shall be changed to similarly reflect a universal authority with codes, authorities, and language applicable at the time of discharge.
(g) Status.--
(1) In general.--Each covered member whose discharge characterization is changed under subsection (e) shall be treated without regard to the original discharge characterization of the member, including for purposes of--
(A) benefits provided by the Federal Government to an individual by reason of service in the Armed Forces; and
(B) all recognitions and honors that the Secretary of Defense provides to members of the Armed Forces.
(2) Reinstatement.--In carrying out paragraph (1)(B), the Secretary shall reinstate all recognitions and honors of a covered member whose discharge characterization is changed under subsection (e) that the Secretary withheld because of the original discharge characterization of the member.
(3) Effective date of change of characterization for veterans benefits.--For purposes of the provision of benefits to which veterans are entitled under the laws administered by the Secretary of Veterans Affairs to a covered member whose discharge characterization is changed under subsection (e), the date of discharge of the member from the Armed Forces shall be deemed to be the effective date of the change of discharge characterization under that subsection.
(4) Construction.--Nothing in this subsection shall be construed to authorize any benefit to a covered member in connection with the change of discharge characterization of the member under subsection (e) for any period before the effective date of the change of discharge characterization.
(h) Definitions.--In this section:
(1) The term ``appropriate discharge board'' means the boards for correction of military records under section 1552 of title 10, United States Code, or the discharge review boards under section 1553 of such title, as the case may be.
(2) The term ``covered member'' means any former member of the Armed Forces who was discharged from the Armed Forces because of the sexual orientation of the member.
(3) The term ``discharge characterization'' means the characterization under which a member of the Armed Forces is discharged or released, including ``dishonorable'',
``general'', ``other than honorable'', and ``honorable''.
(4) The term ``Don't Ask Don't Tell'' means section 654 of title 10, United States Code, as in effect before such section was repealed pursuant to the Don't Ask, Don't Tell Repeal Act of 2010 (Public Law 111-321).
(5) The term ``representative'' means the surviving spouse, next of kin, or legal representative of a covered member.
SEC. 565B TIGER TEAM FOR OUTREACH TO FORMER MEMBERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the mission of the Department of Defense is to provide the military forces needed to deter war and to protect the security of the United States;
(2) expanding outreach to veterans impacted by DADT or a similar policy prior to the enactment of DADT is important to closing a period of history harmful to the creed of integrity, respect, and honor of the military;
(3) the Department is responsible for providing for the review of a veteran's military record before the appropriate discharge review board or, when more than 15 years has passed, board of correction for military or naval records; and
(4) the Secretary of Defense should, wherever possible, coordinate and conduct outreach to impacted veterans through the veterans community and networks, including through the Department of Veterans Affairs and veterans service organizations, to ensure that veterans understand the review processes that are available to them for upgrading military records.
(b) Tiger Team.--
(1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall establish a team (commonly known as a ``tiger team'' and referred to in this section as the ``Tiger Team'') responsible for conducting outreach to build awareness among former members of the Armed Forces of the process established pursuant to section 565A for the review of discharge characterizations by appropriate discharge boards. The Tiger Team shall consist of appropriate personnel of the Department of Defense assigned to the Tiger Team by the Secretary for purposes of this section.
(2) Tiger team leader.--One of the persons assigned to the Tiger Team under paragraph (1) shall be a senior-level officer or employee of the Department who shall serve as the lead official of the Tiger Team (in this section referred to as the ``Tiger Team Leader'') and who shall be accountable for the activities of the Tiger Team under this section,
(3) Report on composition.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report setting forth the names of the personnel of the Department assigned to the Tiger Team pursuant to this subsection, including the positions to which assigned. The report shall specify the name of the individual assigned as Tiger Team Leader.
(c) Duties.--
(1) In general.--The Tiger Team shall conduct outreach to build awareness among veterans of the process established pursuant to section 565A for the review of discharge characterizations by appropriate discharge boards.
(2) Collaboration.--In conducting activities under this subsection, the Tiger Team Leader shall identify appropriate external stakeholders with whom the Tiger Team shall work to carry out such activities. Such stakeholders shall include the following:
(A) The Secretary of Veterans Affairs.
(B) The Archivist of the United States.
(C) Representatives of veterans service organizations.
(D) Such other stakeholders as the Tiger Team Leader considers appropriate.
(3) Initial report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress the following:
(A) A plan setting forth the following:
(i) A description of the manner in which the Secretary, working through the Tiger Team and in collaboration with external stakeholders described in paragraph (2), shall identify individuals who meet the criteria in section 565A(b) for review of discharge characterization.
(ii) A description of the manner in which the Secretary, working through the Tiger Team and in collaboration with the external stakeholders, shall improve outreach to individuals who meet the criteria in section 565A(b) for review of discharge characterization, including through--
(I) obtaining contact information on such individuals; and
(II) contacting such individuals on the process established pursuant to section 565A for the review of discharge characterizations.
(B) A description of the manner in which the work described in clauses (i) and (ii) of subparagraph (A) will be carried out, including an allocation of the work among the Tiger Team and the external stakeholders.
(C) A schedule for the implementation, carrying out, and completion of the plan required under subparagraph (A).
(D) A description of the additional funding, personnel, or other resources of the Department required to carry out the plan required under subparagraph (A), including any modification of applicable statutory or administrative authorities.
(4) Implementation of plan.--
(A) In general.--The Secretary shall implement and carry out the plan submitted under subparagraph (A) of paragraph
(3) in accordance with the schedule submitted under subparagraph (C) of that paragraph.
(B) Updates.--Not less frequently than once every 90 days after the submittal of the report under paragraph (3), the Tiger Team shall submit to Congress an update on the carrying out of the plan submitted under subparagraph (A) of that paragraph.
(5) Final report.--Not later than 3 years after the date of the enactment of this Act, the Tiger Team shall submit to the appropriate committees of Congress a final report on the activities of the Tiger Team under this subsection. The report shall set forth the following:
(A) The number of individuals discharged under DADT or a similar policy prior to the enactment of DADT.
(B) The number of individuals described in subparagraph (A) who availed themselves of a review of discharge characterization (whether through discharge review or correction of military records) through a process established prior to the enactment of this Act.
(C) The number of individuals contacted through outreach conducted pursuant to this section.
(D) The number of individuals described in subparagraph (A) who availed themselves of a review of discharge characterization through the process established pursuant to section 565A.
(E) The number of individuals described in subparagraph (D) whose review of discharge characterization resulted in a change of characterization to honorable discharge.
(F) The total number of individuals described in subparagraph (A), including individuals also covered by subparagraph (E), whose review of discharge characterization since September 20, 2011 (the date of repeal of DADT), resulted in a change of characterization to honorable discharge.
(6) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services of the Senate; and
(B) the Committee on Armed Services of the House of Representatives.
(d) Termination.--On the date that is 60 days after the date on which the final report required by paragraph (5) is submitted, the Secretary shall terminate the Tiger Team.
SEC. 565C REPORTS.
(a) Review.--The Secretary of Defense shall conduct a review of the consistency and uniformity of the reviews conducted under section 565A.
(b) Reports.--Not later than 270 days after the date of the enactment of this Act, and each year thereafter for a four-year period, the Secretary shall submit to Congress a report on the reviews under subsection (a). Such reports shall include any comments or recommendations for continued actions.
SEC. 565D. HISTORICAL REVIEW.
The Secretary of each military department shall ensure that oral historians of the department--
(1) review the facts and circ*mstances surrounding the estimated 100,000 members of the Armed Forces discharged from the Armed Forces between World War II and September 2011 because of the sexual orientation of the member; and
(2) receive oral testimony of individuals who personally experienced discrimination and discharge because of the actual or perceived sexual orientation of the individual so that such testimony may serve as an official record of these discriminatory policies and their impact on American lives.
______
SA 368. Mrs. MURRAY submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XXVIII, add the following:
SEC. ____. PROGRAM TO USE MINOR MILITARY CONSTRUCTION
AUTHORITY FOR CONSTRUCTION AND MODIFICATION OF
CHILD DEVELOPMENT CENTERS.
(a) Thresholds on Construction Authorized.--
(1) In general.--The Secretary of Defense shall establish a program to carry out minor military construction projects under section 2805 of title 10, United States Code, to construct or modify child development centers.
(2) Expansion of access to child care services.--Projects considered under the program under this section shall emphasize expanding access to and increasing availability of child care from the Department of Defense.
(b) Increased Maximum Amounts Applicable to Minor Construction Projects.--For the purpose of any military construction project carried out under the program under this section, the amounts specified in section 2805 of title 10, United States Code, are modified as follows:
(1) The amount specified in subsection (a)(2) of such section is deemed to be $15,000,000.
(2) The amount specified in subsection (c) of such section is deemed to be $7,500,000.
(c) Notification and Approval Requirements.--The notification and approval requirements under section 2805(b) of title 10, United States Code, shall remain in effect for construction projects carried out under the program under this section.
(d) Report Required.--
(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 on the program under this section.
(2) Elements.--The report required by paragraph (1) shall include a list and description of the construction projects carried out under the program under this section, including the location and cost of each project.
(e) Construction of Authority.--Nothing in this section may be construed to limit any other authority provided by law for a military construction project at a child development center.
(f) Child Development Center Defined.--In this section, the term ``child development center'' includes a facility, and the utilities to support such facility, the function of which is to support the daily care of children aged six weeks old through five years old for full-day, part-day, and hourly service.
______
SA 369. Mr. COONS submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 12__. SUPPORT FOR UNITED NATIONS ORGANIZATION
STABILIZATION MISSION IN THE DEMOCRATIC
REPUBLIC OF CONGO.
The Secretary of Defense may use funds authorized to be appropriated by this Act to increase the presence of members of the Armed Forces at the United Nations Organization Stabilization Mission in the Democratic Republic of Congo
(MONUSCO) to provide operational support and expertise for the purpose of combating the Ebola outbreak in the Democratic Republic of Congo.
______
SA 370. Mrs. GILLIBRAND submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. ___. MAXIMUM CONTAMINANT LEVELS.
Section 1412(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300g-1(b)(2)) is amended by adding at the end the following:
``(D) Perfluorinated compounds.--
``(i) Required regulations.--Not later than 2 years after the date of enactment of the Protect Drinking Water from PFAS Act of 2019, the Administrator shall publish a maximum contaminant level and promulgate a national primary drinking water regulation for perfluoroalkyl and polyfluoroalkyl substances.
``(ii) Monitoring.--In establishing monitoring requirements under the national primary drinking water regulation for perfluoroalkyl and polyfluoroalkyl substances under clause
(i), the Administrator shall--
``(I) consider options for tailoring monitoring requirements for public water systems that do not detect, or are reliably and consistently below the maximum contaminant level for, those substances; and
``(II) prioritize the use of existing authorities to provide technical assistance and funding to help small, rural, or disadvantaged public water systems to comply with the national primary drinking water regulation.''.
______
SA 371. Mrs. GILLIBRAND (for herself, Mr. Grassley, Mrs. Shaheen, Mr. Leahy, Mr. Durbin, Ms. Warren, Mr. Bennet, Mr. Merkley, Mr. Blumenthal, Mr. Wyden, Ms. Hirono, Ms. Hassan, Ms. Baldwin, Mr. Coons, Mr. Menendez, Mrs. Feinstein, Mr. Udall, Ms. Klobuchar, Mr. Brown, Ms. Murkowski, Ms. Smith, Mr. Booker, Mr. Sanders, Mr. Casey, Mr. Cruz, Mr. Paul, Ms. Harris, Mr. Markey, Mr. Heinrich, and Ms. Duckworth) submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title V, add the following:
PART V--ADDITIONAL MILITARY JUSTICE REFORM
SEC. 565A. SHORT TITLE.
This part may be cited as the ``Military Justice Improvement Act of 2019''.
SEC. 565B. IMPROVEMENT OF DETERMINATIONS ON DISPOSITION OF
CHARGES FOR CERTAIN OFFENSES UNDER UCMJ WITH
AUTHORIZED MAXIMUM SENTENCE OF CONFINEMENT OF
MORE THAN ONE YEAR.
(a) Improvement of Determinations.--
(1) Military departments.--With respect to charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense specified in subsection (b) and not excluded under subsection (c), the Secretary of Defense shall require the Secretaries of the military departments to provide as described in subsection
(d) for the determinations as follows:
(A) Determinations under section 830 of such chapter
(article 30 of the Uniform Code of Military Justice) on the preferral of charges.
(B) Determinations under section 830 of such chapter
(article 30 of the Uniform Code of Military Justice) on the disposition of charges.
(C) Determinations under section 834 of such chapter
(article 34 of the Uniform Code of Military Justice) on the referral of charges.
(2) Homeland security.--With respect to charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense specified in subsection (b) and not excluded under subsection (c) against a member of the Coast Guard (when it is not operating as a service in the Navy), the Secretary of Homeland Security shall provide as described in subsection (d) for the determinations as follows:
(A) Determinations under section 830 of such chapter
(article 30(a) of the Uniform Code of Military Justice) on the preferral of charges.
(B) Determinations under section 830 of such chapter
(article 30 of the Uniform Code of Military Justice) on the disposition of charges.
(C) Determinations under section 834 of such chapter
(article 34 of the Uniform Code of Military Justice) on the referral of charges.
(b) Covered Offenses.--An offense specified in this subsection is an offense as follows:
(1) An offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), for which the maximum punishment authorized under that chapter includes confinement for more than one year.
(2) The offense of obstructing justice under section 931b of title 10, United States Code (article 131b of the Uniform Code of Military Justice), regardless of the maximum punishment authorized under that chapter for such offense.
(3) The offense of retaliation for reporting a crime under section 932 of title 10, United States Code (article 132 of the Uniform Code of Military Justice), regardless of the maximum punishment authorized under that chapter for such offense.
(4) A conspiracy to commit an offense specified in paragraphs (1) through (3) as punishable under section 881 of title 10, United States Code (article 81 of the Uniform Code of Military Justice).
(5) A solicitation to commit an offense specified in paragraphs (1) through (3) as punishable under section 882 of title 10, United States Code (article 82 of the Uniform Code of Military Justice).
(6) An attempt to commit an offense specified in paragraphs
(1) through (3) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice).
(c) Excluded Offenses.--Subsection (a) does not apply to an offense as follows:
(1) An offense under sections 883 through 917 of title 10, United States Code (articles 83 through 117 of the Uniform Code of Military Justice).
(2) An offense under section 933 or 934 of title 10, United States Code (articles 133 and 134 of the Uniform Code of Military Justice).
(3) A conspiracy to commit an offense specified in paragraph (1) or (2) as punishable under section 881 of title 10, United States Code (article 81 of the Uniform Code of Military Justice).
(4) A solicitation to commit an offense specified in paragraph (1) or (2) as punishable under section 882 of title 10, United States Code (article 82 of the Uniform Code of Military Justice).
(5) An attempt to commit an offense specified in paragraph
(1) or (2) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice).
(d) Requirements and Limitations.--The disposition of charges covered by subsection (a) shall be subject to the following:
(1) The determination whether to prefer such charges or refer such charges to a court-martial for trial, as applicable, shall be made by a commissioned officer of the Armed Forces designated in accordance with regulations prescribed for purposes of this subsection from among commissioned officers of the Armed Forces in grade O-6 or higher who--
(A) are available for detail as trial counsel under section 827 of title 10, United States Code (article 27 of the Uniform Code of Military Justice);
(B) have significant experience in trials by general or special court-martial; and
(C) are outside the chain of command of the member subject to such charges.
(2) Upon a determination under paragraph (1) to refer charges to a court-martial for trial, the officer making that determination shall determine whether to refer such charges for trial by a general court-martial convened under section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice), or a special court-martial convened under section 823 of title 10, United States Code
(article 23 of the Uniform Code of Military Justice).
(3) A determination under paragraph (1) to prefer charges or refer charges to a court-martial for trial, as applicable, shall cover all known offenses, including lesser included offenses.
(4) The determination to prefer charges or refer charges to a court-martial for trial, as applicable, under paragraph
(1), and the type of court-martial to which to refer under subparagraph (B), shall be binding on any applicable convening authority for the referral of such charges.
(5) The actions of an officer described in paragraph (1) in determining under that paragraph whether or not to prefer charges or refer charges to a court-martial for trial, as applicable, shall be free of unlawful or unauthorized influence or coercion.
(6) The determination under paragraph (1) not to refer charges to a general or special court-martial for trial shall not operate to terminate or otherwise alter the authority of commanding officers to refer charges for trial by summary court-martial convened under section 824 of title 10, United States Code (article 24 of the Uniform Code of Military Justice), or to impose non-judicial punishment in connection with the conduct covered by such charges as authorized by section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice).
(e) Construction With Charges on Other Offenses.--Nothing in this section shall be construed to alter or affect the preferral, disposition, or referral authority of charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense for which the maximum punishment authorized under that chapter includes confinement for one year or less.
(f) Policies and Procedures.--
(1) In general.--The Secretaries of the military departments and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall revise policies and procedures as necessary to comply with this section.
(2) Uniformity.--The General Counsel of the Department of Defense and the General Counsel of the Department of Homeland Security shall jointly review the policies and procedures revised under this subsection in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments and the Department of Homeland Security does not render unconstitutional any policy or procedure, as so revised.
(g) Manual for Courts-Martial.--The Secretary of Defense shall recommend such changes to the Manual for Courts-Martial as are necessary to ensure compliance with this section.
SEC. 565C. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE
GENERAL AND SPECIAL COURTS-MARTIAL FOR CERTAIN
OFFENSES UNDER UCMJ WITH AUTHORIZED MAXIMUM
SENTENCE OF CONFINEMENT OF MORE THAN ONE YEAR.
(a) In General.--Subsection (a) of section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice), is amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(2) by inserting after paragraph (7) the following new paragraph (8):
``(8) with respect to offenses to which section 565B(a) of the Military Justice Improvement Act of 2019 applies, the officers in the offices established pursuant to section 565C(c) of that Act or officers in the grade of O-6 or higher who are assigned such responsibility by the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, or the Commandant of the Coast Guard;''.
(b) No Exercise by Officers in Chain of Command of Accused or Victim.--Such section (article) is further amended by adding at the end the following new subsection:
``(c) An officer specified in subsection (a)(8) may not convene a court-martial under this section if the officer is in the chain of command of the accused or the victim.''.
(c) Offices of Chiefs of Staff on Courts-Martial.--
(1) Offices required.--Each Chief of Staff of the Armed Forces or Commandant specified in paragraph (8) of section 822(a) of title 10, United States Code (article 22(a) of the Uniform Code of Military Justice), as amended by subsection
(a), shall establish an office to do the following:
(A) To convene general and special courts-martial under sections 822 and 823 of title 10, United States Code
(articles 22 and 23 of the Uniform Code of Military Justice), pursuant to paragraph (8) of section 822(a) of title 10, United States Code (article 22(a) of the Uniform Code of Military Justice), as so amended, with respect to offenses to which section 565B(a) applies.
(B) To detail under section 825 of title 10, United States Code (article 25 of the Uniform Code of Military Justice), members of courts-martial convened as described in subparagraph (A).
(2) Personnel.--The personnel of each office established under paragraph (1) shall consist of such members of the Armed Forces and civilian personnel of the Department of Defense, or such members of the Coast Guard or civilian personnel of the Department of Homeland Security, as may be detailed or assigned to the office by the Chief of Staff or Commandant concerned. The members and personnel so detailed or assigned, as the case may be, shall be detailed or assigned from personnel billets in existence as of the effective date for this part specified in section 565F.
SEC. 565D. DISCHARGE USING OTHERWISE AUTHORIZED PERSONNEL AND
RESOURCES.
(a) In General.--The Secretaries of the military departments and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall carry out sections 565B and 565C using personnel, funds, and resources otherwise authorized by law.
(b) No Authorization of Additional Personnel or Resources.--Sections 565B and 565C shall not be construed as authorizations for personnel, personnel billets, or funds for the discharge of the requirements in such sections.
SEC. 565E. MONITORING AND ASSESSMENT OF MODIFICATION OF
AUTHORITIES BY DEFENSE ADVISORY COMMITTEE ON
INVESTIGATION, PROSECUTION, AND DEFENSE OF
SEXUAL ASSAULT IN THE ARMED FORCES.
Section 546(c) of the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 1561 note) is amended--
(1) in paragraph (1)--
(A) by striking ``on the investigation'' and inserting ``on the following:
``(A) The investigation''; and
(B) by adding at the end the following new subparagraph:
``(B) The implementation and efficacy of sections 565B through 565D of the Military Justice Improvement Act of 2019 and the amendments made by such sections.''; and
(2) in paragraph (2), by striking ``paragraph (1)'' and inserting ``paragraph (1)(A)''.
SEC. 565F. EFFECTIVE DATE AND APPLICABILITY.
(a) Effective Date and Applicability.--This part and the amendments made by this part shall take effect 180 days after the date of the enactment of this Act, and shall apply with respect to any allegation of charges of an offense specified in subsection (a) of section 565B, and not excluded under subsection (c) of section 565B, which offense occurs on or after such effective date.
(b) Revisions of Policies and Procedures.--Any revision of policies and procedures required of the military departments or the Department of Homeland Security as a result of this part and the amendments made by this part shall be completed so as to come into effect together with the coming into effect of this part and the amendments made by this part in accordance with subsection (a).
______
SA 372. Mr. WICKER (for himself, Mr. Jones, Mr. Cassidy, Mr. Rubio, and Mr. Scott of Florida) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle H of title X, insert the following:
SEC. ____. EXPEDITED APPROVAL OF EXPORT OF CERTAIN VOLUMES OF
NATURAL GAS.
Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by striking subsection (c) and inserting the following:
``(c) Expedited Application and Approval Process.--
``(1) In general.--For purposes of subsection (a), the following shall be deemed to be consistent with the public interest, and applications for such importation or exportation shall be granted without modification or delay:
``(A) The importation of the natural gas referred to in subsection (b).
``(B) The exportation of natural gas in a volume up to and including 51,750,000,000 cubic feet per year.
``(C) The exportation of natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas.
``(2) Exclusion.--Subparagraphs (B) and (C) of paragraph
(1) shall not apply to any nation subject to sanctions imposed by the United States.''.
______
SA 373. Mr. CORNYN (for himself, Ms. Baldwin, Mr. Crapo, Mr. Brown, Mr. Blumenthal, Mr. Cramer, Mr. King, Mr. Blunt, Mr. Cotton, Mr. Warner, Mr. Romney, Mr. Sullivan, Ms. Ernst, Mr. Jones, Mr. Casey, Mr. Wyden, Mr. Cassidy, Mr. Grassley, Mr. Cruz, Mrs. Capito, Ms. Cortez Masto, Ms. Smith, Mr. Manchin, Mrs. Blackburn, Mr. Scott of South Carolina, Mr. Tillis, Mr. Roberts, Mr. Rubio, Mr. Risch, Mr. Boozman, Mrs. Fischer, Mr. Rounds, Mr. Kaine, and Mrs. Hyde-Smith) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. LIMITATION ON CERTAIN ROLLING STOCK PROCUREMENTS;
CYBERSECURITY CERTIFICATION FOR RAIL ROLLING
STOCK AND OPERATIONS.
Section 5323 of title 49, United States Code, is amended by adding at the end the following:
``(u) Limitation on Certain Rolling Stock Procurements.--
``(1) In general.--Except as provided in paragraph (5), financial assistance made available under this chapter shall not be used in awarding a contract or subcontract to an entity on or after the date of enactment of this subsection for the procurement of rolling stock for use in public transportation if the manufacturer of the rolling stock--
``(A) is incorporated in or has manufacturing facilities in the United States; and
``(B) is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that--
``(i) is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of this subsection;
``(ii) was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority foreign country under subsection (a)(2) of that section; and
``(iii) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).
``(2) Exception.--For purposes of paragraph (1), the term
`otherwise related legally or financially' does not include a minority relationship or investment.
``(3) International agreements.--This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements.
``(4) Certification for rail rolling stock.--
``(A) In general.--Except as provided in paragraph (5), as a condition of financial assistance made available in a fiscal year under section 5337, a recipient that operates rail fixed guideway service shall certify in that fiscal year that the recipient will not award any contract or subcontract for the procurement of rail rolling stock for use in public transportation with a rail rolling stock manufacturer described in paragraph (1).
``(B) Separate certification.--The certification required under this paragraph shall be in addition to any certification the Secretary establishes to ensure compliance with the requirements of paragraph (1).
``(5) Exception.--This subsection, including the certification requirement under paragraph (4), shall not apply to the award of a contract or subcontract made by a public transportation agency with a rail rolling stock manufacturer described in paragraph (1) if the manufacturer and the public transportation agency have a contract for rail rolling stock that was executed before the date of enactment of this subsection.
``(v) Cybersecurity Certification for Rail Rolling Stock and Operations.--
``(1) Certification.--As a condition of financial assistance made available under this chapter, a recipient that operates a rail fixed guideway public transportation system shall certify that the recipient has established a process to develop, maintain, and execute a written plan for identifying and reducing cybersecurity risks.
``(2) Compliance.--For the process required under paragraph
(1), a recipient of assistance under this chapter shall--
``(A) utilize the approach described by the voluntary standards and best practices developed under section 2(c)(15) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)(15)), as applicable;
``(B) identify hardware and software that the recipient determines should undergo third-party testing and analysis to mitigate cybersecurity risks, such as hardware or software for rail rolling stock under proposed procurements; and
``(C) utilize the approach described in any voluntary standards and best practices for rail fixed guideway public transportation systems developed under the authority of the Secretary of Homeland Security, as applicable.
``(3) Limitations on statutory construction.--Nothing in this subsection shall be construed to interfere with the authority of--
``(A) the Secretary of Homeland Security to publish or ensure compliance with requirements or standards concerning cybersecurity for rail fixed guideway public transportation systems; or
``(B) the Secretary of Transportation under section 5329 to address cybersecurity issues as those issues relate to the safety of rail fixed guideway public transportation systems.''.
______
SA 374. Ms. KLOBUCHAR (for herself, Ms. Collins, Mr. Manchin, and Mr. Peters) submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of part I of subtitle F of title V, add the following:
SEC. __. ANNUAL STATE REPORT CARD.
Section 1111(h)(1)(C)(ii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(ii)) is amended by striking ``on active duty (as defined in section 101(d)(5) of such title)''.
______
SA 375. Ms. KLOBUCHAR (for herself, Mr. Sullivan, Mr. Blumenthal, Ms. Baldwin, Mr. Boozman, Mr. Brown, Mr. Casey, Ms. Collins, Mr. Coons, Mr. Cruz, Ms. Duckworth, Mrs. Feinstein, Mrs. Gillibrand, Mr. Jones, Mr. Leahy, Mr. Markey, Mr. Menendez, Mr. Moran, Ms. Rosen, Mr. Rounds, Mr. Sanders, Mrs. Shaheen, Ms. Stabenow, and Mr. Whitehouse) submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VII, add the following:
SEC. __. EXPOSURE TO OPEN BURN PITS AND TOXIC AIRBORNE
CHEMICALS AS PART OF PERIODIC HEALTH
ASSESSMENTS AND OTHER PHYSICAL EXAMINATIONS.
(a) Periodic Health Assessment.--The Secretary of Defense shall ensure that any periodic health assessment provided to members of the Armed Forces includes an evaluation of whether the member has been--
(1) based or stationed at a location where an open burn pit was used; or
(2) exposed to toxic airborne chemicals, including any information recorded as part of the Airborne Hazards and Open Burn Pit Registry.
(b) Separation History and Physical Examinations.--Section 1145(a)(5) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
``(C) The Secretary concerned shall ensure that each physical examination of a member under subparagraph (A) includes an assessment of whether the member was--
``(i) based or stationed at a location where an open burn pit, as defined in subsection (c) of section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note), was used; or
``(ii) exposed to toxic airborne chemicals, including any information recorded as part of the registry established by the Secretary of Veterans Affairs under such section 201.''.
(c) Deployment Assessments.--Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
``(D) An assessment of whether the member was--
``(i) based or stationed at a location where an open burn pit, as defined in subsection (c) of section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note), was used; or
``(ii) exposed to toxic airborne chemicals, including any information recorded as part of the registry established by the Secretary of Veterans Affairs under such section 201.''.
(d) Sharing of Information.--
(1) DOD-VA.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly enter into a memorandum of understanding providing for the sharing by the Department of Defense with the Department of Veterans Affairs of the results of covered evaluations regarding the exposure by a member of the Armed Forces to toxic airborne chemicals.
(2) Registry.--If a covered evaluation of a member of the Armed Forces establishes that the member was based or stationed at a location where an open burn pit was used, or the member was exposed to toxic airborne chemicals, the member shall be enrolled in the Airborne Hazards and Open Burn Pit Registry, unless the member elects to not so enroll.
(e) Rule of Construction.--Nothing in this section may be construed to preclude eligibility for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the open burn pit exposure history of a veteran not being recorded in a covered evaluation.
(f) Definitions.--In this section:
(1) 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).
(2) The term ``covered evaluation'' means--
(A) a periodic health assessment conducted in accordance with subsection (a);
(B) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by this section; and
(C) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by this section.
(3) 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).
______
SA 376. Ms. DUCKWORTH submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VIII, insert the following:
SEC. __. DOCUMENTATION OF MARKET RESEARCH RELATED TO
COMMERCIAL ITEM DETERMINATIONS.
Section 3307(d) of title 41, United States Code, is amended by adding at the end the following new paragraph:
``(4) The head of an executive agency shall document the results of market research in a manner appropriate to the size and complexity of the acquisition.''.
______
SA 377. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--Strategy to Enhance Human Rights Protections in Arms Sales
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Enhancing Human Rights Protections in Arms Sales Act of 2019''.
SEC. 1292. STRATEGY TO ENHANCE HUMAN RIGHTS PROTECTIONS IN
UNITED STATES MILITARY ASSISTANCE AND ARMS
TRANSFERS.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, and every two years thereafter, the Secretary of State, with the concurrence of the Secretary of Defense, shall submit to the appropriate congressional committees a strategy to enhance United States efforts to ensure human rights protections for United States military assistance and arms transfers. The strategy shall include--
(1) processes and procedures to--
(A) determine when United States military assistance and arms transfers are used to commit gross violations of internationally recognized human rights;
(B) determine when United States military assistance and arms transfers are used to undermine international peace and security or contribute to gross violations of internationally recognized human rights, including acts of gender-based violence and acts of violence against children, violations of international humanitarian law, terrorism, mass atrocities, or transnational organized crime;
(C) detect other violations of United States law concerning United States military or security assistance, cooperation, and arms transfers, including the diversion of such assistance or the use of such assistance by security force or police units credibly implicated in gross violations of internationally recognized human rights;
(D) train partner militaries, security, and police forces on methods for preventing civilian causalities; and
(E) determine whether individuals or units that have received United States military, security, or police training or have participated or are scheduled to participate in joint exercises with United States forces have later been credibly implicated in gross violations of internationally recognized human rights;
(2) an implementation plan detailing specific and measurable goals, benchmarks, timetables, performance metrics, and monitoring and evaluation plans; and
(3) a report--
(A) detailing any United States military assistance and arms transfers which the Secretary of State and the Secretary of Defense determine to have been used, or are at risk of being used, to undermine international peace and security or contribute to gross violations of internationally recognized human rights, including acts of gender-based violence and acts of violence against children, violations of international humanitarian law, terrorism, mass atrocities, or transnational organized crime; and
(B) describing any measures to be taken by relevant recipient countries or by the United States to ensure accountability for prior misuse and to prevent future misuse.
(b) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate and the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
______
SA 378. Mr. CARDIN (for himself, Mr. Young, and Mr. Durbin) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle H--Promotion of Democracy and Human Rights in Burma
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Burma Human Rights and Freedom Act of 2019''.
SEC. 1292. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
(2) Crimes against humanity.--The term ``crimes against humanity'' includes, when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack--
(A) murder;
(B) deportation or forcible transfer of population;
(C) torture;
(D) rape, sexual slavery, or any other form of sexual violence of comparable severity;
(E) persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender or other grounds that are universally recognized as impermissible under international law; and
(F) enforced disappearance of persons.
(3) Genocide.--The term ``genocide'' means any offense described in section 1091(a) of title 18, United States Code.
(4) Transitional justice.--The term ``transitional justice'' means the range of judicial, nonjudicial, formal, informal, retributive, and restorative measures employed by countries transitioning out of armed conflict or repressive regimes--
(A) to redress legacies of atrocities; and
(B) to promote long-term, sustainable peace.
(5) War crime.--The term ``war crime'' has the meaning given the term in section 2441(c) of title 18, United States Code.
SEC. 1293. STATEMENT OF POLICY.
It is the policy of the United States that--
(1) the pursuit of a calibrated engagement strategy is essential to support the establishment of a peaceful, prosperous, and democratic Burma that includes respect for the human rights of all its people regardless of ethnicity and religion; and
(2) the guiding principles of such a strategy include--
(A) support for meaningful legal and constitutional reforms that remove remaining restrictions on civil and political rights and institute civilian control of the military, civilian control of the government, and the constitutional provision reserving 25 percent of parliamentary seats for the military, which provides the military with veto power over constitutional amendments;
(B) the establishment of a fully democratic, pluralistic, civilian controlled, and representative political system that includes regularized free and fair elections in which all people of Burma, including the Rohingya, can vote;
(C) the promotion of genuine national reconciliation and conclusion of a credible and sustainable nationwide ceasefire agreement, political accommodation of the needs of ethnic Shan, Kachin, Chin, Karen, and other ethnic groups, safe and voluntary return of displaced persons to villages of origins, and constitutional change allowing inclusive permanent peace;
(D) independent and international investigations into credible reports of war crimes, crimes against humanity, including sexual and gender-based violence and genocide, perpetrated against ethnic minorities like the Rohingya by the government, military, and security forces of Burma, violent extremist groups, and other combatants involved in the conflict;
(E) accountability for determinations of war crimes, crimes against humanity, including sexual and gender-based violence and genocide perpetrated against ethnic minorities like the Rohingya by the Government, military, and security forces of Burma, violent extremist groups, and other combatants involved in the conflict;
(F) strengthening the government's civilian institutions, including support for greater transparency and accountability;
(G) the establishment of professional and nonpartisan military, security, and police forces that operate under civilian control;
(H) empowering local communities, civil society, and independent media;
(I) promoting responsible international and regional engagement;
(J) strengthening respect for and protection of human rights and religious freedom;
(K) addressing and ending the humanitarian and human rights crises, including by supporting the return of the displaced Rohingya to their homes and granting or restoring full citizenship for the Rohingya population; and
(L) promoting broad-based, inclusive economic development and fostering healthy and resilient communities.
SEC. 1294. AUTHORIZATION OF APPROPRIATIONS FOR HUMANITARIAN
ASSISTANCE AND RECONCILIATION.
There is authorized to be appropriated not less than
$220,500,000 for fiscal year 2020 for humanitarian assistance and reconciliation activities for ethnic groups and civil society organizations in Burma, Bangladesh, Thailand, and the region. The assistance may include--
(1) assistance for the victims of the Burmese military's crimes against humanity targeting Rohingya and other ethnic minorities in Rakhine State, Kachin, and Shan States, including those displaced in Burma, Bangladesh, Thailand, and the region;
(2) support for voluntary resettlement or repatriation in Burma, pending a genuine repatriation agreement that is developed and negotiated with Rohingya involvement and consultation;
(3) assistance to promote ethnic and religious tolerance, to combat gender-based violence, and to support victims of violence and destruction in Rakhine, Kachin, and Shan States, including victims of gender-based violence and unaccompanied minors;
(4) support for formal education for children currently living in the camps, and opportunities to access higher education in Bangladesh;
(5) support for programs to investigate and document allegations of war crimes and crimes against humanity, including sexual and gender-based violence and genocide committed in Burma;
(6) assistance to ethnic groups and civil society in Burma to help sustain ceasefire agreements and further prospects for reconciliation and sustainable peace; and
(7) promotion of ethnic minority inclusion and participation in Burma's political processes.
SEC. 1295. MULTILATERAL ASSISTANCE.
The Secretary of the Treasury should instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support projects in Burma that--
(1) provide for accountability and transparency, including the collection, verification and publication of beneficial ownership information related to extractive industries and on-site monitoring during the life of the project;
(2) will be developed and carried out in accordance with best practices regarding environmental conservation, cultural protection, and empowerment of local populations, including free, prior, and informed consent of affected indigenous communities;
(3) do not provide incentives for, or facilitate, forced displacement; and
(4) do not partner with or otherwise involve enterprises owned or controlled by the armed forces.
SEC. 1296. SENSE OF CONGRESS ON RIGHT OF RETURNEES AND
FREEDOM OF MOVEMENT.
(a) Right of Return.--It is the sense of Congress that the Government of Burma, in collaboration with the regional and international community, including the United Nations High Commissioner for Refugees, should--
(1) ensure the dignified, safe, sustainable, and voluntary return of all those displaced from their homes, especially from Rakhine State, without an unduly high burden of proof, and the opportunity to obtain appropriate compensation to restart their lives in Burma;
(2) ensure that those returning are granted or restored full citizenship and all the rights that adhere to citizenship in Burma;
(3) offer to those who do not want to return meaningful opportunity to obtain appropriate compensation or restitution;
(4) not place returning Rohingya in internally displaced persons camps or ``model villages'', but instead make efforts to reconstruct Rohingya villages as and where they were;
(5) facilitate the return of any funds collected by the Government by harvesting the land previously owned and tended by Rohingya farmers for them upon their return;
(6) fully implement all of the recommendations of the Advisory Commission on Rakhine State; and
(7) ensure there is proper consultation, buy-in, and confidence building from the Rohingya refugee community on decisions being made on their behalf.
(b) Freedom of Movement of Refugees and Internally Displaced Persons.--Congress recognizes that the Government of Bangladesh has provided long-standing support and hospitality to people fleeing violence in Burma, and calls on the Government of Bangladesh--
(1) to ensure all refugees, including Rohingya persons living in camps in Bangladesh and in internally displaced persons camps in Burma, have freedom of movement, including outside of the camps, and under no circ*mstance are subject to unsafe, involuntary, or uninformed repatriation;
(2) to ensure the dignified, safe, sustainable, and voluntary return of those displaced from their homes, and offer to those who do not want to return meaningful means to obtain compensation or restitution; and
(3) to ensure the rights of refugees are protected, including through allowing them to build more permanent shelters, and ensuring equal access to healthcare, basic services, education, and work.
SEC. 1297. MILITARY COOPERATION.
(a) Prohibition.--Except as provided under subsection (b), the President may not furnish any security assistance or engage in any military-to-military programs with the armed forces of Burma, including training or observation or participation in regional exercises, until the Secretary of State, in consultation with the Secretary of Defense, certifies to the appropriate congressional committees that the Burmese military has demonstrated significant progress in abiding by international human rights standards and is undertaking meaningful and significant security sector reform, including transparency and accountability to prevent future abuses, as determined by applying the following criteria:
(1) The military adheres to international human rights standards and institutes meaningful internal reforms to stop future human rights violations.
(2) The military supports efforts to carry out meaningful and comprehensive independent and international investigations of credible reports of abuses and is holding accountable those in the Burmese military responsible for human rights violations.
(3) The military supports efforts to carry out meaningful and comprehensive independent and international investigations of reports of conflict-related sexual and gender-based violence and is holding accountable those in the Burmese military who failed to prevent, respond to, investigate, and prosecute violence against women, sexual violence, or other gender-based violence.
(4) The Government of Burma, including the military, allows immediate and unfettered humanitarian access to communities in areas affected by conflict, including Rohingya and other minority communities in Rakhine, Kachin, and Shan States, specifically to the United Nations High Commissioner for Refugees and other relevant United Nations agencies.
(5) The Government of Burma, including the military, cooperates with the United Nations High Commissioner for Refugees and other relevant United Nations agencies to ensure the protection of displaced persons and the safe and voluntary return of Rohingya and other minority refugees and internally displaced persons.
(6) The Government of Burma, including the military, takes steps toward the implementation of the recommendations of the Advisory Commission on Rakhine State.
(b) Exceptions.--
(1) Certain existing authorities.--The Department of Defense may continue to conduct consultations based on the authorities under section 1253 of the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 22 U.S.C. 2151 note).
(2) Hospitality.--The United States Agency for International Development and the Department of State may provide assistance authorized by part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to support ethnic armed groups and the Burmese military for the purpose of supporting research, dialogues, meetings, and other activities related to the Union Peace Conference, Political Dialogues, and related processes, in furtherance of inclusive, sustainable reconciliation.
(c) Military Reform.--The certification required under subsection (a) shall include a written justification in classified and unclassified form describing the Burmese military's efforts to implement reforms, end impunity for human rights violations, and increase transparency and accountability.
(d) Rule of Construction.--Nothing in this subtitle shall be construed to authorize Department of Defense assistance to the Government of Burma except as provided in this section.
(e) Report.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of State and the Secretary of Defense shall submit to the appropriate congressional committees a report, in both classified and unclassified form, on the strategy and plans for military-to-military engagement between the United States Armed Forces and the military of Burma.
(2) Elements.--The report required under paragraph (1) shall include the following elements:
(A) A description and assessment of the Government of Burma's strategy for--
(i) security sector reform, including as it relates to an end to involvement in the illicit trade in jade, rubies, and other natural resources;
(ii) reforms to end corruption and illicit drug trafficking; and
(iii) constitutional reforms to ensure civilian control of the Government.
(B) A list of ongoing military activities conducted by the United States Government with the Government of Burma, and a description of the United States strategy for future military-to-military engagements between the United States and Burma's military forces, including the military of Burma, the Burma Police Force, and armed ethnic groups.
(C) An assessment of the progress of the military of Burma towards developing a framework to implement human rights reforms, including--
(i) cooperation with civilian authorities to investigate and prosecute cases of human rights violations;
(ii) steps taken to demonstrate respect for internationally-recognized human rights standards and implementation of and adherence to the laws of war; and
(iii) a description of the elements of the military-to-military engagement between the United States and Burma that promote such implementation.
(D) An assessment of progress on the peaceful settlement of armed conflicts between the Government of Burma and ethnic minority groups, including actions taken by the military of Burma to adhere to ceasefire agreements, allow for safe and voluntary returns of displaced persons to their villages of origin, and withdraw forces from conflict zones.
(E) An assessment of the Burmese military recruitment and use of children as soldiers.
(F) An assessment of the Burmese military's use of violence against women, sexual violence, or other gender-based violence as a tool of terror, war, or crimes against humanity.
(f) Civilian Channels.--Any program initiated under this section shall use appropriate civilian government channels with the democratically elected Government of Burma.
(g) Regular Consultations.--Any new program or activity in Burma initiated under this section shall be subject to prior consultation with the appropriate congressional committees.
SEC. 1298. TRADE RESTRICTIONS.
(a) Reinstatement of Import Restrictions on Jadeite and Rubies From Burma.--
(1) In general.--Section 3A of the Burmese Freedom and Democracy Act of 2003 (Public Law 108-61; 50 U.S.C. 1701 note) is amended by adding at the end the following:
``(i) Termination.--Notwithstanding section 9, this section shall remain in effect until the President determines and certifies to the appropriate congressional committees that the Government of Burma has taken measures to reform the gemstone industry in Burma, including measures to require--
``(1) the disclosure of the ultimate beneficial ownership of entities in that industry; and
``(2) the publication of project revenues, payments, and contract terms relating to that industry.''.
(2) Conforming amendments.--Section 3A of the Burmese Freedom and Democracy Act of 2003 is further amended--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``until such time'' and all that follows through ``2008'' and inserting ``beginning on the date that is 15 days after the date of the enactment of the Burma Human Rights and Freedom Act of 2019''; and
(ii) in paragraph (3), by striking ``the date of the enactment of this Act'' and inserting ``the date of the enactment of the Burma Human Rights and Freedom Act of 2019''; and
(B) in subsection (c)(1), by striking ``until such time'' and all that follows through ``2008'' and inserting
``beginning on the date that is 15 days after the date of the enactment of the Burma Human Rights and Freedom Act of 2019''.
(3) Effective date.--The amendments made by this subsection shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.
(b) Review of Eligibility for Generalized System of Preferences.--
(1) In general.--Not later than one year after the date of enactment of this Act, the President shall submit to the committees specified in paragraph (2) a report that includes a detailed review of the eligibility of Burma for preferential duty treatment under the Generalized System of Preferences under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.).
(2) Committees specified.--The committees specified in this paragraph are--
(A) the Committee on Appropriations, the Committee on Finance, and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Appropriations, the Committee on Foreign Affairs, and the Committee on Ways and Means of the House of Representatives.
SEC. 1299. VISA BAN AND ECONOMIC SANCTIONS WITH RESPECT TO
MILITARY OFFICIALS RESPONSIBLE FOR HUMAN RIGHTS
VIOLATIONS.
(a) List Required.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of--
(A) senior officials of the military and security forces of Burma that the President determines have knowingly played a direct and significant role in the commission of gross violations of human rights, war crimes, or crimes against humanity (including sexual or gender-based violence), in Burma, including against the Rohingya minority population; and
(B) entities owned or controlled by officials described in subparagraph (A).
(2) Inclusions.--The list required by paragraph (1) shall include--
(A) each senior official of the military and security forces of Burma--
(i) in charge of a unit that was operational during the so-called ``clearance operations'' that began during or after October 2016; and
(ii) who--
(I) knew, or should have known, that the official's subordinates were committing gross violations of human rights, war crimes, or crimes against humanity (including sexual or gender-based violence); and
(II) failed to take adequate steps to prevent such violations or crimes or punish the subordinates responsible for such violations or crimes; and
(B) each entity owned or controlled by an official described in subparagraph (A).
(3) Updates.--Not later than one year after the date of the enactment of this Act, and not less frequently than every 180 days thereafter, the President shall submit to the appropriate congressional committees an updated version of the list required by paragraph (1).
(b) Sanctions.--
(1) Visa ban.--The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any individual included in the most recent list required by subsection (a).
(2) Blocking of property.--
(A) In general.--The Secretary of the Treasury shall, pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of a person included in the most recent list required by subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(B) Inapplicability of national emergency requirement.--The requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of this paragraph.
(3) Authority for additional financial sanctions.--The Secretary of the Treasury may, in consultation with the Secretary of State, prohibit or impose strict conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by a foreign financial institution that the President determines has, on or after the date of the enactment of this Act, knowingly conducted or facilitated a significant transaction or transactions on behalf of a person included in the most recent list required by subsection (a) or included on the SDN list pursuant to subsection (c).
(4) Rule of construction.--Nothing in this subsection may be construed to apply with respect to any transaction with a nongovernmental humanitarian organization in Burma.
(c) Consideration of Inclusions in SDN List.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall--
(A) determine whether the individuals specified in paragraph (2) should be included on the SDN list; and
(B) submit to the appropriate congressional committees a report, in classified form if necessary, on the procedures for including those individuals on the SDN list under existing authorities of the Department of the Treasury.
(2) Individuals specified.--The individuals specified in this paragraph are--
(A) the head of a unit of the military or security forces of Burma that was operational during the so-called
``clearance operations'' that began during or after October 2016, including--
(i) Senior General Min Aung Hlaing;
(ii) Deputy Commander-in-Chief and Vice Senior-General Soe Win;
(iii) the Commander of the 33rd Light Infantry Division, Brigadier-General Aung Aung; and
(iv) the Commander of the 99th Light Infantry Division, Brigadier-General Than Oo; and
(B) any senior official of the military or security forces of Burma for which the President determines there are credible reports that the official--
(i) aided, participated in, or is otherwise implicated in gross violations of human rights, war crimes, or crimes against humanity (including sexual or gender-based violence), in Burma;
(ii)(I) knew, or should have known, that the official's subordinates were committing such violations or crimes; and
(II) failed to take adequate steps to prevent such violations or crimes or punish the subordinates responsible for such violations or crimes; or
(iii) took significant steps to impede the investigation or prosecution of such violations or crimes.
(d) Termination of Sanctions.--The President may terminate the application of sanctions under this section with respect to an individual placed on the list required by subsection
(a) under paragraph (1)(A) of that subsection, or an entity placed on that list because the entity is owned or controlled by such an individual, if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that--
(1) the individual has--
(A) publicly acknowledged the role of the individual in committing past gross violations of human rights, war crimes, or crimes against humanity (including sexual or gender-based violence);
(B) cooperated with independent efforts to investigate such violations or crimes;
(C) been held accountable for such violations or crimes; and
(D) demonstrated substantial progress in reforming the individual's behavior with respect to the protection of human rights in the conduct of civil-military relations; and
(2) removing the individual or entity from the list is in the national interest of the United States.
(e) Exceptions.--
(1) Humanitarian assistance.--A requirement to impose sanctions under this section shall not apply with respect to the provision of medicine, medical equipment or supplies, food, or any other form of humanitarian or human rights-related assistance provided to Burma in response to a humanitarian crisis.
(2) United nations headquarters agreement.--Subsection
(b)(1) shall not apply to the admission of an individual to the United States if such admission is necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, or under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other international obligations of the United States.
(3) Exception relating to importation of goods.--
(A) In general.--The authority to block and prohibit all transactions in all property and interests in property under this section shall not include the authority to impose sanctions on the importation of goods.
(B) Good defined.--In this paragraph, the term ``good'' means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
(f) Waiver.--The President may waive a requirement of this section if the Secretary of State, in consultation with the Secretary of the Treasury, determines and reports to the appropriate congressional committees that the waiver is important to the national security interest of the United States.
(g) Implementation; Penalties.--
(1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (2) or (3) of subsection (b) or any regulation, license, or order issued to carry out either such paragraph shall be subject to the penalties set forth in subsections
(b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection
(a) of that section.
(h) Report to Congress on Diplomatic Engagement.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on diplomatic efforts to impose coordinated sanctions with respect to persons sanctioned under--
(1) section 1299; or
(2) section 1263 of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114-328; 22 U.S.C. 2656 note) for activities described in subsection (a) of that section in or with respect to Burma.
(i) Definitions.--In this section:
(1) Account; correspondent account; payable-through account.--The terms ``account'', ``correspondent account'', and ``payable-through account'' have the meanings given those terms in section 5318A of title 31, United States Code.
(2) Knowingly.--The term ``knowingly'', with respect to conduct, a circ*mstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circ*mstance, or the result.
(3) SDN list.--The term ``SDN list'' means the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury.
(4) United states person.--The term ``United States person'' has the meaning given that term in section 595.315 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act).
SEC. 1299A. STRATEGY FOR PROMOTING ECONOMIC DEVELOPMENT.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, the Secretary of the Treasury, and the Administrator of the United States Agency for International Development shall jointly submit to the appropriate congressional committees a strategy to support sustainable, inclusive, and broad-based economic development, in accordance with the priorities of disadvantaged communities in Burma and in consultation with relevant civil society and local stakeholders, and to improve economic conditions and government transparency.
(b) Elements.--The strategy required by subsection (a) shall include a roadmap--
(1) to assess and recommend measures to diversify control over and access to participation in key industries and sectors, including efforts to remove barriers and increase competition, access, and opportunity in sectors dominated by officials of the Burmese military, former military officials, and their families, and businesspeople connected to the military of Burma, with the goal of eliminating the role of the military in the economy of Burma;
(2) to increase transparency disclosure requirements in key sectors of the economy of Burma to promote responsible investment, including through efforts--
(A) to provide technical support to develop and implement policy reforms related to public disclosure of the beneficial owners of entities in key sectors identified by the Government of Burma, specifically by--
(i) working with the Government of Burma to require--
(I) the disclosure of the ultimate beneficial ownership of entities in the ruby industry; and
(II) the publication of project revenues, payments, and contract terms relating to that industry; and
(ii) ensuring that reforms complement disclosures due to be put in place in Burma as a result of its participation in the Extractives Industry Transparency Initiative; and
(B) to identify the persons seeking or securing access to the most valuable resources of Burma; and
(3) to promote universal access to reliable, affordable, energy efficient, and sustainable power, including leveraging United States assistance to support reforms in the power sector and electrification projects that increase energy access, in partnership with multilateral organizations and the private sector.
SEC. 1299B. REPORT ON CRIMES AGAINST HUMANITY AND SERIOUS
HUMAN RIGHTS ABUSES IN BURMA.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report detailing the credible reports of crimes against humanity and serious human rights abuses committed against the Rohingya and other ethnic minorities in Burma, including credible reports of war crimes, crimes against humanity, and genocide, and on potential transnational justice mechanisms in Burma.
(b) Elements.--The reports required under subsection (a) shall include--
(1) a description of credible reports of war crimes, crimes against humanity, including sexual and gender-based violence, and genocide perpetrated against the Rohingya and other ethnic minorities in Burma, including--
(A) incidents that may constitute such crimes committed by the Burmese military, and other actors involved in the violence;
(B) the role of the civilian government in the commission of such crimes;
(C) incidents that may constitute such crimes committed by violent extremist groups or antigovernment forces;
(D) any incidents that may violate the principle of medical neutrality and, if possible, identification of the individual or individuals who engaged in or organized such incidents; and
(E) to the extent possible, a description of the conventional and unconventional weapons used for such crimes and the origins of such weapons;
(2) a description and assessment by the Department of State, the United States Agency for International Development, the Department of Justice, and other appropriate Federal departments and agencies of programs that the United States Government has already or is planning to undertake to ensure accountability for credible reports of war crimes, crimes against humanity, including sexual and gender-based violence, and genocide perpetrated against the Rohingya and other ethnic minority groups by the Government, security forces, and military of Burma, violent extremist groups, and other combatants involved in the conflict, including programs--
(A) to train investigators within and outside of Burma and Bangladesh on how to document, investigate, develop findings of, and identify and locate alleged perpetrators of such crimes in Burma;
(B) to promote and prepare for a transitional justice process or processes for the perpetrators of such crimes in Burma; and
(C) to document, collect, preserve, and protect evidence of reports of such crimes in Burma, including support for Burmese and Bangladeshi, foreign, and international nongovernmental organizations, the United Nations Human Rights Council's investigative team, and other entities; and
(3) A detailed study of the feasibility and desirability of potential transitional justice mechanisms for Burma, including a hybrid or ad hoc tribunal as well as other international justice and accountability options. The report should be produced in consultation with Rohingya representatives and those of other ethnic minorities who have suffered grave human rights abuses.
(c) Protection of Witnesses and Evidence.--The Secretary shall take due care to ensure that the identification of witnesses and physical evidence are not publicly disclosed in a manner that might place such persons at risk of harm or encourage the destruction of evidence by the Government of Burma.
SEC. 1299C. TECHNICAL ASSISTANCE AUTHORIZED.
(a) In General.--The Secretary of State, in consultation with the Department of Justice and other appropriate Federal departments and agencies, is authorized to provide appropriate assistance to support entities that, with respect to credible reports of war crimes, crimes against humanity, including sexual and gender-based violence, and genocide perpetrated by the military, security forces, and Government of Burma, Buddhist militias, and all other armed groups fighting in Rakhine State--
(1) identify suspected perpetrators of such crimes;
(2) collect, document, and protect evidence of crimes and preserve the chain of custody for such evidence;
(3) conduct criminal investigations; and
(4) support investigations by third-party states, as appropriate.
(b) Additional Assistance.--The Secretary of State, after consultation with appropriate Federal departments and agencies and the appropriate congressional committees, and taking into account the findings of the transitional justice study required under section 1299B(b)(3), is authorized to provide assistance to support the creation and operation of transitional justice mechanisms for Burma.
SEC. 1299D. SENSE OF CONGRESS ON PRESS FREEDOM.
In order to promote freedom of the press in Burma, it is the sense of Congress that--
(1) Reuters journalists Wa Lone and Kyaw Soe Oo should be immediately released and should have access to lawyers and their families; and
(2) the Government of Burma should repeal the Official Secrets Act, a colonial-era law that was used to arrest these journalists, as well as other laws that are used to arrest journalists and undermine press freedom around the world.
SEC. 1299E. MEASURES RELATING TO MILITARY COOPERATION BETWEEN
BURMA AND NORTH KOREA.
(a) Imposition of Sanctions.--
(1) In general.--The President may, with respect to any person described in paragraph (2)--
(A) impose the sanctions described in paragraph (1) or (3) of section 1299(b); or
(B) include that person on the SDN list (as defined in section 1299(i)).
(2) Persons described.--A person described in this paragraph is an official of the Government of Burma or an individual or entity acting on behalf of that Government that the President determines purchases or otherwise acquires defense articles from the Government of North Korea or an individual or entity acting on behalf of that Government.
(b) Restriction on Foreign Assistance.--The President may terminate or reduce the provision of United States foreign assistance to Burma if the President determines that the Government of Burma does not verifiably and irreversibly eliminate all purchases or other acquisitions of defense articles by persons described in subsection (a)(2) from the Government of North Korea or individuals or entities acting on behalf of that Government.
(c) Defense Article Defined.--In this section, the term
``defense article'' has the meaning given that term in section 47 of the Arms Export Control Act (22 U.S.C. 2794).
SEC. 1299F. NO AUTHORIZATION FOR THE USE OF MILITARY FORCE.
Nothing in this subtitle shall be construed as an authorization for the use of force.
______
SA 379. Mr. PETERS submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XV, add the following:
Subtitle C--Inspectors General Matters
SEC. 1531. ESTABLISHMENT OF LEAD INSPECTOR GENERAL FOR AN
OVERSEAS CONTINGENCY OPERATION BASED ON
SECRETARY OF DEFENSE NOTIFICATION.
(a) Notification on Commencement of OCO.--Section 113 of title 10, United States Code, is amended by adding at the end the following new subsection:
``(n) Notification of Certain Overseas Contingency Operations for Purposes of Inspector General Act of 1978.--The Secretary of Defense shall provide the Chair of the Council of Inspectors General on Integrity and Efficiency written notification of the commencement or designation of a military operation as an overseas contingency operation upon the earlier of--
``(1) a determination by the Secretary that the overseas contingency operation is expected to exceed 60 days; or
``(2) the date on which the overseas contingency operation exceeds 60 days.''.
(b) Establishment of Lead Inspector General Based on Notification.--Section 8L of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in subsection (a)--
(A) by striking ``Upon the commencement'' and all that follows through ``the Chair'' and inserting ``The Chair''; and
(B) by inserting before the period at the end the following: ``upon the earlier of--
``(1) the commencement or designation of a military operation as an overseas contingency operation that exceeds 60 days; or
``(2) receipt of a notification under section 113(n) of title 10, United States Code, with respect to an overseas contingency operation''; and
(2) in subsection (d)(1), by striking ``the commencement or designation of the military operation concerned as an overseas contingency operation that exceeds 60 days'' and inserting ``the earlier of--
``(A) the commencement or designation of the military operation concerned as an overseas contingency operation that exceeds 60 days; or
``(B) receipt of a notification under section 113(n) of title 10, United States Code, with respect to an overseas contingency operation''.
SEC. 1532. CLARIFICATION OF AUTHORITY OF INSPECTORS GENERAL
FOR OVERSEAS CONTINGENCY OPERATIONS.
Section 8L(d)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in subparagraph (D)--
(A) in clause (i), by striking ``to exercise'' and all that follows through ``such matter'' and inserting ``to identify and coordinate with the Inspector General who has principal jurisdiction over the matter to ensure effective oversight''; and
(B) by adding at the end the following:
``(iii)(I) Upon written request by the Inspector General with principal jurisdiction over a matter with respect to the contingency operation, and with the approval of the lead Inspector General, an Inspector General specified in subsection (c) may provide investigative support or conduct an independent investigation of an allegation of criminal activity by any United States personnel, contractor, subcontractor, grantee, or vendor in the applicable theater of operations.
``(II) In the case of a determination by the lead Inspector General that no Inspector General has principal jurisdiction over a matter with respect to the contingency operation, the lead Inspector General may--
``(aa) conduct an independent investigation of an allegation described in subclause (I); or
``(bb) request that an Inspector General specified in subsection (c) conduct such investigation.''; and
(2) by adding at the end the following:
``(I) To enhance cooperation among Inspectors General and encourage comprehensive oversight of the contingency operation, any Inspector General responsible for conducting oversight of any program or operation performed in support of the contingency operation may, to the maximum extent practicable and consistent with the duties, responsibilities, policies, and procedures of such Inspector General--
``(i) coordinate such oversight activities with the lead Inspector General; and
``(ii) provide information requested by the lead Inspector General relating to the responsibilities of the lead Inspector General described in subparagraphs (B), (C), and
(G).''.
SEC. 1533. EMPLOYMENT STATUS OF ANNUITANTS FOR INSPECTORS
GENERAL FOR OVERSEAS CONTINGENCY OPERATIONS.
Section 8L(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (2)(E), by inserting ``(without regard to subsection (b)(2) of such section)'' after ``United States Code,'';
(2) in paragraph (3), by amending subparagraph (C) to read as follows:
``(C)(i) An annuitant receiving an annuity under the Foreign Service Retirement and Disability System or the Foreign Service Pension System under chapter 8 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4041 et seq.) who is reemployed under this subsection--
``(I) shall continue to receive the annuity; and
``(II) shall not be considered a participant for purposes of chapter 8 of title I of the Foreign Service Act of 1980
(22 U.S.C. 4041 et seq.) or an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code.
``(ii) An annuitant described in clause (i) may elect in writing for the reemployment of the annuitant under this subsection to be subject to section 824 of the Foreign Service Act of 1980 (22 U.S.C. 4064). A reemployed annuitant shall make an election under this clause not later than 90 days after the date of the reemployment of the annuitant.''; and
(3) by adding at the end the following:
``(5)(A) A person employed by a lead Inspector General for an overseas contingency operation under this section shall acquire competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications upon the completion of 2 years of continuous service as an employee under this section.
``(B) No person who is first employed as described in subparagraph (A) more than 2 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020 may acquire competitive status under subparagraph (A).''.
______
SA 380. Mr. REED (for himself and Ms. Smith) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. ____. LIBERIAN REFUGEE IMMIGRATION FAIRNESS.
(a) Definitions.--In this section:
(1) In general.--Except as otherwise specifically provided, any term used in this Act that is used in the immigration laws shall have the meaning given the term in the immigration laws.
(2) Immigration laws.--The term ``immigration laws'' has the meaning given the term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(3) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security.
(b) Adjustment of Status.--
(1) In general.--Except as provided in paragraph (3), the Secretary shall adjust the status of an alien described in subsection (c) to that of an alien lawfully admitted for permanent residence if the alien--
(A) applies for adjustment not later than 1 year after the date of the enactment of this Act;
(B) is otherwise eligible to receive an immigrant visa; and
(C) subject to paragraph (2), is admissible to the United States for permanent residence.
(2) Applicability of grounds of inadmissibility.--In determining the admissibility of an alien under paragraph
(1)(C), the grounds of inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply.
(3) Exceptions.--An alien shall not be eligible for adjustment of status under this subsection if the Secretary determines that the alien--
(A) has been convicted of any aggravated felony;
(B) has been convicted of 2 or more crimes involving moral turpitude (other than a purely political offense); or
(C) has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.
(4) Relationship of application to certain orders.--
(A) In general.--An alien present in the United States who has been subject to an order of exclusion, deportation, removal, or voluntary departure under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) may, notwithstanding such order, submit an application for adjustment of status under this subsection if the alien is otherwise eligible for adjustment of status under paragraph
(1).
(B) Separate motion not required.--An alien described in subparagraph (A) shall not be required, as a condition of submitting or granting an application under this subsection, to file a separate motion to reopen, reconsider, or vacate an order described in subparagraph (A).
(C) Effect of decision by secretary.--
(i) Grant.--If the Secretary adjusts the status of an alien pursuant to an application under this subsection, the Secretary shall cancel any order described in subparagraph
(A) to which the alien has been subject.
(ii) Denial.--If the Secretary makes a final decision to deny such application, any such order shall be effective and enforceable to the same extent that such order would be effective and enforceable if the application had not been made.
(c) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided under subsection (b) shall apply to any alien who--
(A)(i) is a national of Liberia; and
(ii) has been continuously present in the United States during the period beginning on November 20, 2014, and ending on the date on which the alien submits an application under subsection (b); or
(B) is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A).
(2) Determination of continuous physical presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(A)(ii), an alien shall not be considered to have failed to maintain continuous physical presence based on 1 or more absences from the United States for 1 or more periods amounting, in the aggregate, to not more than 180 days.
(d) Stay of Removal.--
(1) In general.--The Secretary shall promulgate regulations establishing procedures by which an alien who is subject to a final order of deportation, removal, or exclusion, may seek a stay of such order based on the filing of an application under subsection (b).
(2) During certain proceedings.--
(A) In general.--Except as provided in subparagraph (B), notwithstanding any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary may not order an alien to be removed from the United States if the alien--
(i) is in exclusion, deportation, or removal proceedings under any provision of such Act; and
(ii) has submitted an application for adjustment of status under subsection (b).
(B) Exception.--The Secretary may order an alien described in subparagraph (A) to be removed from the United States if the Secretary has made a final determination to deny the application for adjustment of status under subsection (b) of the alien.
(3) Work authorization.--
(A) In general.--The Secretary may--
(i) authorize an alien who has applied for adjustment of status under subsection (b) to engage in employment in the United States during the period in which a determination on such application is pending; and
(ii) provide such alien with an ``employment authorized'' endorsem*nt or other appropriate document signifying authorization of employment.
(B) Pending applications.--If an application for adjustment of status under subsection (b) is pending for a period exceeding 180 days and has not been denied, the Secretary shall authorize employment for the applicable alien.
(e) Record of Permanent Residence.--On the approval of an application for adjustment of status under subsection (b) of an alien, the Secretary shall establish a record of admission for permanent residence for the alien as of the date of the arrival of the alien in the United States.
(f) Availability of Administrative Review.--The Secretary shall provide applicants for adjustment of status under subsection (b) with the same right to, and procedures for, administrative review as are provided to--
(1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255); and
(2) aliens subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a).
(g) Limitation on Judicial Review.--
(1) In general.--A determination by the Secretary with respect to the adjustment of status of any alien under this section is final and shall not be subject to review by any court.
(2) Rule of construction.--Nothing in paragraph (1) shall be construed to preclude the review of a constitutional claim or a question of law under section 704 of title 5, United States Code, with respect to a denial of adjustment of status under this section.
(h) No Offset in Number of Visas Available.--The Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) to offset the adjustment of status of an alien who has been lawfully admitted for permanent residence pursuant to this section.
(i) Application of Immigration and Nationality Act Provisions.--
(1) Savings provision.--Nothing in this Act may be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Secretary in the administration and enforcement of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or any other law relating to immigration, nationality, or naturalization.
(2) Effect of eligibility for adjustment of status.--The eligibility of an alien to be lawfully admitted for permanent residence under this section shall not preclude the alien from seeking any status under any other provision of law for which the alien may otherwise be eligible.
______
SA 381. Ms. COLLINS (for herself and Ms. Klobuchar) submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 569. PARTICIPATION OF OTHER FEDERAL AGENCIES IN THE
SKILLBRIDGE APPRENTICESHIP AND INTERNSHIP
PROGRAM FOR MEMBERS OF THE ARMED FORCES.
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) Any program under this subsection may be carried out at, through, or in consultation with such other departments or agencies of the Federal Government as the Secretary of the military department concerned considers appropriate.''.
______
SA 382. Mr. REED (for himself, Mr. Cramer, Mr. Kennedy, Ms. Collins, Mr. Jones, Ms. Cortez Masto, and Mr. Warner) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. ___. CYBERSECURITY TRANSPARENCY.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 14B (15 U.S.C. 78n-2) the following:
``SEC. 14C. CYBERSECURITY TRANSPARENCY.
``(a) Definitions.--In this section--
``(1) the term `cybersecurity' means any action, step, or measure to detect, prevent, deter, mitigate, or address any cybersecurity threat or any potential cybersecurity threat;
``(2) the term `cybersecurity threat'--
``(A) means an action, not protected by the First Amendment to the Constitution of the United States, on or through an information system that may result in an unauthorized effort to adversely impact the security, availability, confidentiality, or integrity of an information system or information that is stored on, processed by, or transiting an information system; and
``(B) does not include any action that solely involves a violation of a consumer term of service or a consumer licensing agreement;
``(3) the term `information system'--
``(A) has the meaning given the term in section 3502 of title 44, United States Code; and
``(B) includes industrial control systems, such as supervisory control and data acquisition systems, distributed control systems, and programmable logic controllers;
``(4) the term `NIST' means the National Institute of Standards and Technology; and
``(5) the term `reporting company' means any company that is an issuer--
``(A) the securities of which are registered under section 12; or
``(B) that is required to file reports under section 15(d).
``(b) Requirement To Issue Rules.--Not later than 360 days after the date of enactment of this section, the Commission shall issue final rules to require each reporting company, in the annual report of the reporting company submitted under section 13 or section 15(d) or in the annual proxy statement of the reporting company submitted under section 14(a)--
``(1) to disclose whether any member of the governing body, such as the board of directors or general partner, of the reporting company has expertise or experience in cybersecurity and in such detail as necessary to fully describe the nature of the expertise or experience; and
``(2) if no member of the governing body of the reporting company has expertise or experience in cybersecurity, to describe what other aspects of the reporting company's cybersecurity were taken into account by any person, such as an official serving on a nominating committee, that is responsible for identifying and evaluating nominees for membership to the governing body.
``(c) Cybersecurity Expertise or Experience.--For purposes of subsection (b), the Commission, in consultation with NIST, shall define what constitutes expertise or experience in cybersecurity using commonly defined roles, specialties, knowledge, skills, and abilities, such as those provided in NIST Special Publication 800-181, entitled `National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework', or any successor thereto.''.
______
SA 383. Mr. MURPHY submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title V, add the following:
SEC. 594. PILOT PROGRAM ON DIGITAL ENGINEERING FOR THE JUNIOR
RESERVE OFFICERS' TRAINING CORPS.
(a) Pilot Program Required.--The Secretary of Defense shall carry out a pilot program in accordance with this section to assess the feasibility and advisability of activities to enhance the preparation of students in the Junior Reserve Officers' Training Corps for careers in digital engineering.
(b) Coordination.--In carrying out the pilot program, the Secretary of Defense may coordinate with the following:
(1) The Secretary of Education.
(2) The National Science Foundation.
(3) The heads of such other Federal, State, and local government entities as the Secretary of Defense considers appropriate.
(4) Such private sector organizations as the Secretary of Defense considers appropriate.
(c) Activities.--Activities under the pilot program may include the following:
(1) Establishment of targeted internships and cooperative research opportunities in digital engineering at defense laboratories, test ranges, and other organizations for students in and instructors of the Junior Reserve Officers' Training Corps.
(2) Support for training and other support for instructors to improve digital engineering education activities relevant to Junior Reserve Officers' Training Corps programs and students.
(3) Efforts and activities that improve the quality of digital engineering education, training opportunities, and curricula for students and instructors.
(4) Development of professional development opportunities, demonstrations, mentoring programs, and informal education for students and instructors.
(d) Metrics.--The Secretary of Defense shall establish outcome-based metrics and internal and external assessments to evaluate the merits and benefits of activities conducted under the pilot program with respect to the needs of the Department of Defense.
(e) Authorities.--In carrying out the pilot program, the Secretary of Defense may use the authorities under chapter 111 and sections 2363, 2605, and 2374a of title 10, United States Code, and such other authorities the Secretary considers appropriate.
(f) Report.--Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the activities carried out under the pilot program.
______
SA 384. Ms. CORTEZ MASTO submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XXVIII, add the following:
SEC. 2826. STUDY ON INSTALLATIONS OF THE DEPARTMENT OF
DEFENSE THAT ARE DESIGNATED AS REMOTE OR
ISOLATED.
(a) In General.--The Comptroller General of the United States shall conduct a study on the designation by the Secretary of Defense and the Secretaries of the military departments of installations of the Department of Defense as
``remote'' or ``isolated''.
(b) Elements of Study.--The study conducted under subsection (a) shall--
(1) identify--
(A) the various definitions within the Department of Defense of remote and isolated installations;
(B) who establishes those definitions; and
(C) the criteria to meet those definitions;
(2) assess the uses by the Department of the remote or isolated designation for an installation; and
(3) review--
(A) the range of services available at remote installations;
(B) how those services differ between the military departments; and
(C) the process used to determine whether those services meet the needs of members of the Armed Forces at those installations.
(c) Report.--Not later than January 30, 2020, the Comptroller General shall submit to Congress, at a minimum, the initial findings for the study conducted under subsection
(a).
______
SA 385. Ms. WARREN (for herself, Mr. Portman, Mr. Tillis, Ms. Sinema, Mr. Tester, and Mrs. Fischer) submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At appropriate place in title X, insert the following:
SEC. ___. 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.--Subsection (a) of section 305 of the Servicemembers Civil Relief Act (50 U.S.C. 3955), as amended by section 301 of the Veterans Benefits and Transition Act of 2018 (Public Law 115-407), is further amended by adding at the end the following new paragraph:
``(4) Catastrophic injury or illness of lessee.--The spouse of the lessee on a lease described in subsection (b) may terminate the lease during the one-year period beginning on the date on which the lessee incurs a catastrophic injury or illness (as that term is defined in section 439(g) of title 37, United States Code), if the lessee incurs the catastrophic injury or illness during a period of military service or while 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).''.
(b) Deaths.--Paragraph (3) of such subsection is amended by striking ``in subsection (b)(1)'' and inserting ``in subsection (b)''.
______
SA 386. Ms. WARREN (for herself, Ms. Collins, Mr. King, Mr. Daines, Mr. Murphy, Mr. Moran, Mr. Markey, Mr. Menendez, Ms. Hassan, Mr. Merkley, Mr. Jones, Mr. Tester, Mr. Blumenthal, Mr. Booker, Mrs. Shaheen, Mr. Van Hollen, Ms. Stabenow, Mr. Casey, Mr. Cardin, Ms. Klobuchar, Mr. Coons, and Ms. Baldwin) submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. RECOGNITION AND HONORING OF SERVICE OF INDIVIDUALS
WHO SERVED IN UNITED STATES CADET NURSE CORPS
DURING WORLD WAR II.
(a) Determination of Active Military Service.--
(1) In general.--The Secretary of Defense shall be deemed to have determined under subparagraph (A) of section 401(a)(1) of the GI Bill Improvement Act of 1977 (Public Law 95-202; 38 U.S.C. 106 note) that the service of the organization known as the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, constitutes active military service.
(2) Issuance of discharge.--Not later than one year after the date of the enactment of this Act, the Secretary shall, pursuant to subparagraph (B) of such section, issue to each member of such organization a discharge from service of such organization under honorable conditions where the nature and duration of the service of such member so warrants.
(b) Benefits.--
(1) Status as a veteran.--Except as otherwise provided in this subsection, an individual who receives a discharge under subsection (a)(2) for service shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs.
(2) Burial benefits.--Service for which an individual receives a discharge under subsection (a)(2) shall be considered service in the active military, naval, or air service (as defined in section 101 of title 38, United States Code) for purposes of eligibility and entitlement to benefits under chapters 23 and 24 of title 38, United States Code.
(3) Medals or other commendations.--The Secretary of Defense may design and produce a service medal or other commendation to honor individuals who receive a discharge under subsection (a)(2).
______
SA 387. Mr. MANCHIN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CONGRESSIONAL COMMISSION ON PREVENTING, COUNTERING,
AND RESPONDING TO NUCLEAR AND RADIOLOGICAL
TERRORISM.
(a) Establishment.--There is hereby established a commission, to be known as the ``Congressional Commission on Preventing, Countering, and Responding to Nuclear and Radiological Terrorism'' (referred to in this Act as the
``Commission''), which shall develop a comprehensive strategy to prevent, counter, and respond to nuclear and radiological terrorism.
(b) Composition.--
(1) Membership.--The Commission shall be composed of 16 members, of whom--
(A) 2 shall be appointed by the chairman of the Committee on Armed Services of the Senate;
(B) 2 shall be appointed by the ranking minority member of the Committee on Armed Services of the Senate;
(C) 2 shall be appointed by the chairman of the Committee on Armed Services of the House of Representatives;
(D) 2 shall be appointed by the ranking minority member of the Committee on Armed Services of the House of Representatives;
(E) 2 shall be appointed by the chairman of the Committee on Homeland Security and Governmental Affairs of the Senate;
(F) 2 shall be appointed by the ranking minority member of the Committee on Homeland Security and Governmental Affairs of the Senate;
(G) 2 shall be appointed by the chairman of the Committee on Homeland Security of the House of Representatives; and
(H) 2 shall be appointed by the ranking minority member of the Committee on Homeland Security of the House of Representatives.
(2) Chairman; vice chairman.--
(A) Chairman.--The chair of the Committee on Homeland Security and Governmental Affairs of the Senate and the chair of the Committee on Homeland Security of the House of Representatives shall jointly designate 1 member of the Commission to serve as Chair of the Commission.
(B) Vice chairman.--The ranking member of the Committee on Armed Services of the Senate and the ranking member of the Committee on Armed Services of the House of Representatives shall jointly designate 1 member of the Commission to serve as Vice Chair of the Commission.
(3) Period of appointment; vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall be filled in the same manner as the original appointment.
(c) Duties.--
(1) Review.--After conducting a review of the United States' current strategy, outlined in the National Strategy for Countering Weapons of Mass Destruction Terrorism, to prevent, counter, and respond to nuclear and radiological terrorism, the Commission shall develop a comprehensive strategy that--
(A) identifies national and international nuclear and radiological terrorism risks and critical emerging threats;
(B) prevents state and nonstate actors from acquiring the technologies, materials, and critical expertise needed to mount nuclear or radiological attacks;
(C) counters efforts by state and nonstate actors to mount such attacks;
(D) responds to nuclear and radiological terrorism incidents to attribute their origin and help manage their consequences;
(E) provides the projected resources to implement and sustain the strategy;
(F) delineates indicators for assessing progress toward implementing the strategy;
(G) identifies potential commercial interim storage and disposal facilities to safely dispose or store sensitive nuclear and radiological materials;
(H) makes recommendations for improvements to the National Strategy for Countering Weapons of Mass Destruction Terrorism;
(I) determines whether a Nuclear Nonproliferation Council is needed to oversee and coordinate nuclear nonproliferation, nuclear counterproliferation, nuclear security, and nuclear arms control activities and programs of the United States Government; and
(J) if the Commission determines that such council is needed, provides recommendations regarding--
(i) appropriate council membership;
(ii) frequency of meetings;
(iii) responsibilities of the council;
(iv) coordination within the United States Government; and
(v) congressional reporting requirements.
(2) Assessment and recommendations.--
(A) Assessment.--The Commission shall assess the benefits and risks associated with the current United States strategy in relation to nuclear terrorism.
(B) Recommendations.--The Commission shall develop recommendations regarding the most effective nuclear terrorism strategy.
(d) Cooperation From Government.--
(1) Cooperation.--In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense, the Secretary of Energy, the Secretary of Homeland Security, the Secretary of State, the Director of National Intelligence, the National Security Council, and any other United States Government official in providing the Commission with analyses, briefings, and other information necessary for the fulfillment of its responsibilities.
(2) Liaison.--The Secretary of Defense, the Secretary of Energy, the Secretary of Homeland Security, the Secretary of State, and the Director of National Intelligence shall each designate at least 1 officer or employee of the Department of Defense, the Department of Energy, the Department of State, the National Security Council, and the intelligence community, respectively, to serve as a liaison officer with the Commission.
(e) Strategic Report.--
(1) In general.--Not later than December 1, 2020, the Commission shall submit a strategic report containing the Commission's findings, conclusions, and recommendations to--
(A) the President;
(B) the Secretary of Defense;
(C) the Secretary of Energy;
(D) the Secretary of State;
(E) the Secretary of Homeland Security;
(F) the Director of National Intelligence;
(G) the Committee on Armed Services of the Senate; and
(H) the Committee on Armed Services of the House of Representatives.
(2) Contents.--The report required under paragraph (1) shall outline how the Federal Government will--
(A) encourage and incentivize other countries and relevant international organizations, such as the International Atomic Energy Agency and INTERPOL, to make nuclear and radiological security a priority;
(B) improve cooperation, with a focus on developing and deploying technologies to detect and prevent illicit transfers of weapons of mass destruction-related materials, equipment, and technology, and appropriate integration among Federal entities and Federal, State, and tribal governments; and
(C) improve cooperation, with a focus on developing and deploying technologies to detect and prevent illicit transfers of weapons of mass destruction-related materials, equipment, and technology, between the United States and other countries and international organizations, while focusing on cooperation with China, India, Pakistan, and Russia.
(f) Termination.--The Commission shall terminate on the date on which the report is submitted under subsection
(e)(1).
______
SA 388. Mr. WARNER (for himself and Mr. Rubio) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. 243. OFFICE OF CRITICAL TECHNOLOGIES AND SECURITY.
(a) Establishment.--There is established in the Executive Office of the President an Office of Critical Technology and Security (in this section referred to as the ``Office'').
(b) Director.--
(1) In general.--There shall be at the head of the Office a Director who shall be appointed by the President.
(2) Reporting.--The Director of the Office shall report directly to the President.
(3) Additional roles.--In addition to serving as the head of the Office, the Director of the Office shall--
(A) be a Deputy National Security Advisor for the National Security Council and serve as a member of such council;
(B) be a Deputy Director for the National Economic Council and serve as a member of such council; and
(C) serve as the chairperson of the Council on Critical Technologies and Security established under Section 244.
(c) Functions.--The functions of the Director of the Office are as follows:
(1) Coordination.--To carry out coordination functions as follows:
(A) To serve as a centralized focal point within the Executive Office of the President for coordinating policy and actions of the Federal Government--
(i) to stop the transfer of critical emerging, foundational, and dual-use technologies to countries that pose a national security risk, including by supporting the interagency process to identify emerging and foundational technologies under section 1758 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232); and
(ii) to maintain United States technological leadership with respect to critical emerging, foundational, and dual-use technologies and ensure supply chain integrity and security for such technologies.
(B) To coordinate whole-of-government responses, working in partnership with heads of national security and economic agencies and agencies with science and technology hubs, including those described in Section 244(c)(1).
(C) To facilitate coordination and consultation with--
(i) Federal and State regulators of telecommunications and technology industries, including the Federal Communications Commission, the Federal Trade Commission, and the Office of Science and Technology Policy;
(ii) the private sector, including industry, labor, consumer, and other groups as necessary;
(iii) other nongovernmental scientific and technical hubs and stakeholders, including academic stakeholders; and
(iv) key international partners and allies of the United States.
(2) Messaging and outreach.--To lead messaging and outreach efforts by the Federal Government on the national security threat posed by the improper acquisition and transfer of critical emerging, foundational, and dual-use technologies that the Federal Government determines necessary to protect, by countries of concern including--
(A) acting as the chief policy spokesperson for the Federal Government on related security and critical technology issues;
(B) encouraging Federal departments and agencies to work with key stakeholders as described in paragraph (1), as well as States, localities, international partners, and allies, to better analyze and disseminate critical information from the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)); and
(C) improving overall education of the United States public and business leaders in key sectors about the threat to United States national security posed by--
(i) the improper acquisition and transfer of critical technologies by countries that pose a national security risk; and
(ii) reliance on foreign products identified by the Federal government that pose a national security risk in private sector supply chains.
(3) Long-term strategy.--To lead the development of a comprehensive, long-term strategic plan in coordination with United States allies and other defense partners--
(A) to enhance the interagency process for identifying emerging and foundational carried out under section 1758 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) and to re-evaluate those identifications on an ongoing basis;
(B)(i) to protect and enforce intellectual property rights;
(ii) to reduce reliance on foreign products identified by the Federal Government that pose a national security risk to the United States in critical public sector supply chains;
(iii) to develop a strategy to inform the private sector about critical supply chain risks; and
(iv) to address other security concerns related to forced or unfair technology transfer to and from such countries;
(C) to maintain technological leadership with respect to critical emerging, foundational, and dual-use technologies and to increase public sector funding for research and development that is key to maintaining such technological leadership;
(D) to develop specific policies and actions to enforce intellectual property and cybersecurity standards to deter and prosecute industrial espionage and other similar measures; and
(E) to develop specific policies--
(i) to improve the research and development ecosystem, including academic institutions, nonprofit organizations, and private entities; and
(ii) to reestablish the United States as the world leader in research and development; and
(F) to develop specific measures and goals that can be tracked and monitored as described in paragraph (4).
(4) Monitoring and tracking.--
(A) Measures.--In conjunction with the Council of Economic Advisors, the United States Trade Representative, the Office of Science and Technology Policy, to use measures developed under paragraph (3)(F) to monitor and track--
(i) key trends relating to transfer of critical emerging, foundational, and dual-use technologies;
(ii) key trends relating to United States government investments in innovation and competitiveness compared to governments of other countries;
(iii) inappropriate influence of international standards setting processes by foreign countries that pose a national security risk; and
(iv) progress implementing the comprehensive, long-term strategic plan developed under paragraph (3).
(B) Goals.--To monitor and track progress made towards achieving goals relating to protecting the security of critical technologies of the United States.
(d) Staff.--The Director of the Office may--
(1) without regard to the civil service laws, employ, and fix the compensation of, such specialists and other experts as may be necessary for the Director to carry out the functions of the Director; and
(2) subject to the civil service laws, employ such other officers and employees as may be necessary to carry out the functions of the Director.
(e) Annual Report.--
(1) In general.--Not less frequently than once each year, the Director shall submit to Congress a report on--
(A) the activities of the Office; and
(B) matters relating to national security and the protection of critical technologies.
(2) Form.--Each report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(f) Conforming Amendment.--Section 101(c) of the National Security Act of 1947 (50 U.S.C. 3021(c)) is amended by inserting ``the Director of the Office of Critical Technologies and Security,'' after ``Treasury,''.
SEC. 244. COUNCIL ON CRITICAL TECHNOLOGIES AND SECURITY.
(a) Establishment.--There is a council known as the Council on Critical Technologies and Security (in this section referred to as the ``Council'').
(b) Function.--The function of the Council shall be to advise the President on matters relating to challenges posed by foreign powers with respect to technology acquisition and transfer.
(c) Membership.--
(1) Composition.--The Council shall be composed of the following:
(A) The Director of the Office of Critical Technologies and Security appointed under section 2(b)(1).
(B) The Secretary of Agriculture.
(C) The Secretary of Commerce.
(D) The Secretary of Defense.
(E) The Secretary of Education.
(F) The Secretary of Energy.
(G) The Secretary of Homeland Security.
(H) The Secretary of State.
(I) The Secretary of Transportation.
(J) The Secretary of the Treasury.
(K) The Director of the Office of Management and Budget.
(L) The Director of National Intelligence.
(M) The Director of the Central Intelligence Agency.
(N) The Director of the Federal Bureau of Investigation.
(O) The United States Trade Representative.
(P) The Director of the National Economic Council.
(Q) The National Security Advisor.
(R) The Director of the Office of Science and Technology Policy.
(S) A representative of the Committee on Foreign Investment in the United States who shall be selected by the Committee for purposes of this section.
(T) The Ambassador to the United Nations.
(U) The Chair of the Federal Communications Commission.
(V) The Chair of the Federal Trade Commission.
(W) Such other heads of departments and agencies of the Federal Government as the chairperson of the Council considers appropriate.
(2) Chairperson.--The chairperson of the Council shall be the Director of the Office of Critical Technologies and Security appointed under section 2(b)(1).
(d) Consultation and Cooperation.--The Council--
(1) may constitute such advisory committees and may consult with such representatives of industry, agriculture, labor, consumers, State and local governments, and other groups, as the Council considers advisable;
(2) shall consult with the entities listed under section 2(c)(1)(C); and
(3) shall seek and obtain the cooperation of the various executive and independent agencies of the Federal Government in the development of specialized studies essential to its responsibilities.
______
SA 389. Mr. WARNER (for himself and Mr. Kaine) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1045. TRAINING OF MIDCAREER DEPARTMENT OF DEFENSE
PERSONNEL ON WHOLE-OF-GOVERNMENT APPROACHES TO
NATIONAL SECURITY CHALLENGES.
(a) In General.--The Secretary of Defense shall ensure that midcareer personnel of the Department of Defense are provided training on whole-of-Government approaches to national security challenges.
(b) Coordination.--In providing training under this section, the Secretary shall coordinate with the heads of other departments and agencies of the United States Government in order to ensure that such training promotes cross-agency and multi-sector learning, collaboration, and problem-solving for midcareer military and civilian personnel.
(c) Elements.--The training under this section shall include the following:
(1) Training on creating integrated and consistent policy across the executive branch.
(2) Training on the role of Congress, State and local governments, community organizations, academia, foreign governments, non-governmental organizations, and the private sector in influencing and executing whole-of-Government solutions.
(3) Training on operating collaboratively in an interagency environment.
(4) Table-top role playing exercises and mentorship programs designed to enable participants to gain a greater understanding of interagency partners and how to leverage the whole-of-Government approach to achieve desired outcomes.
(d) Provision of Training.--
(1) Training by cohort.--Training shall be provided under this section to cohorts comprised of a mix of military and civilian personnel--
(A) from across the Department and the Armed Forces; and
(B) to the extent practicable, from other departments and agencies.
(2) Providers of training.--The entities providing training under this section shall include the military staff and war colleges, the National Defense University, and accredited public institutions of higher education that provide whole-of-Government curricula and are centrally located in areas of high concentration of military and civilian national security personnel.
(3) Training at public institutions of higher education.--At least 50 percent of the training provided under this section shall be provided at or by accredited public institutions of higher education described in paragraph (2).
______
SA 390. Ms. STABENOW (for herself, Mr. Cornyn, Mrs. Feinstein, and Mr. Schumer) submitted an amendment intended to be proposed by her to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 108__. WAIVER UNDER SPECIALTY CROP RESEARCH INITIATIVE.
Section 412(g)(3) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(g)(3)) is amended--
(1) in subparagraph (A), by striking ``An entity'' and inserting ``Subject to subparagraph (C), an entity''; and
(2) by adding at the end the following:
``(C) Waiver.--The Secretary may waive the requirement under subparagraph (A) for an entity receiving a grant under this section if the Secretary determines that--
``(i) the results of the grant--
``(I) will benefit a specific specialty crop; and
``(II) are likely to be applicable to agricultural commodities generally, including specialty crops; or
``(ii)(I) the grant involves scientifically important research; and
``(II) the grant recipient is unable to satisfy the matching funds requirement.''.
______
SA 391. Mr. JOHNSON (for himself and Mr. Peters) submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. ELECTROMAGNETIC PULSES AND GEOMAGNETIC
DISTURBANCES.
(a) Definitions.--In this section--
(1) the term ``appropriate congressional committees'' has the meaning given that term in subsection (d) of section 320 of the Homeland Security Act of 2002, as added by subsection
(b) of this section; and
(2) the terms ``critical infrastructure'', ``EMP'', and
``GMD'' have the meanings given such terms in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
(b) Homeland Security.--Section 320 of the Homeland Security Act of 2002 (6 U.S.C. 195f) is amended--
(1) in the section heading, by inserting ``and threat assessment, response, and recovery'' after ``development''; and
(2) by adding at the end the following:
``(d) Threat Assessment, Response, and Recovery.--
``(1) Definitions.--In this subsection--
``(A) the term `appropriate congressional committees' means--
``(i) the Committee on Homeland Security and Governmental Affairs, the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Commerce, Science, and Transportation of the Senate; and
``(ii) the Committee on Homeland Security, the Committee on Armed Services, and the Committee on Energy and Commerce of the House of Representatives;
``(B) the terms `prepare' and `preparedness' mean the actions taken to plan, organize, equip, train, and exercise to build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the homeland, including the prediction and notification of impending EMPs and GMDs; and
``(C) the term `Sector-Specific Agency' has the meaning given that term in section 2201.
``(2) Roles and responsibilities.--
``(A) Distribution of information.--
``(i) In general.--Beginning not later than June 19, 2020, the Secretary shall provide timely distribution of information on EMPs and GMDs to Federal, State, and local governments, owners and operators of critical infrastructure, and other persons determined appropriate by the Secretary.
``(ii) Briefing.--The Secretary shall brief the appropriate congressional committees on the effectiveness of the distribution of information under clause (i).
``(B) Response and recovery.--
``(i) In general.--The Secretary shall--
``(I) coordinate the response to and recovery from the effects of EMPs and GMDs on critical infrastructure, in coordination with the heads of appropriate Sector-Specific Agencies, and on matters related to the bulk power system, in consultation with the Secretary of Energy and the Federal Energy Regulatory Commission; and
``(II) incorporate events that include EMPs and extreme GMDs as a factor in preparedness scenarios and exercises.
``(ii) Implementation.--The Secretary and the Administrator of the Federal Emergency Management Agency, and on matters related to the bulk power system, the Secretary of Energy and the Federal Energy Regulatory Commission, shall--
``(I) not later than June 19, 2020, develop plans and procedures to coordinate the response to and recovery from EMP and GMD events; and
``(II) not later than December 21, 2020, conduct a national exercise to test the preparedness and response of the Nation to the effect of an EMP or extreme GMD event.
``(C) Research and development.--
``(i) In general.--The Secretary, in coordination with the heads of relevant Sector-Specific Agencies, shall--
``(I) without duplication of existing or ongoing efforts, conduct research and development to better understand and more effectively model the effects of EMPs and GMDs on critical infrastructure (which shall not include any system or infrastructure of the Department of Defense or any system or infrastructure of the Department of Energy associated with nuclear weapons activities); and
``(II) develop technologies to enhance the resilience of and better protect critical infrastructure.
``(ii) Plan.--Not later than March 26, 2020, and in coordination with the heads of relevant Sector-Specific Agencies, the Secretary shall submit to the appropriate congressional committees a research and development action plan to rapidly address modeling shortfall and technology development.
``(D) Emergency information system.--
``(i) In general.--The Secretary, in coordination with relevant stakeholders, shall implement a network of systems that are capable of providing appropriate emergency information to the public before (if possible), during, and in the aftermath of an EMP or GMD.
``(ii) Briefing.--Not later than December 21, 2020, the Secretary, in coordination with the Administrator of the Federal Emergency Management Agency, shall brief the appropriate congressional committees regarding the system required under clause (i).
``(E) Quadrennial risk assessments.--
``(i) In general.--The Secretary, in coordination with the Secretary of Defense, the Secretary of Energy, and the Secretary of Commerce, and informed by intelligence-based threat assessments, shall conduct a quadrennial EMP and GMD risk assessment.
``(ii) Briefings.--Not later than March 26, 2020, and every 4 years thereafter until 2032, the Secretary, the Secretary of Defense, the Secretary of Energy, and the Secretary of Commerce shall provide a briefing to the appropriate congressional committees regarding the quadrennial EMP and GMD risk assessment.
``(iii) Enhancing resilience.--The Secretary, in coordination with the Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, and the heads of other relevant Sector-Specific Agencies, shall use the results of the quadrennial EMP and GMD risk assessments to better understand and to improve resilience to the effects of EMPs and GMDs across all critical infrastructure sectors, including coordinating the prioritization of critical infrastructure at greatest risk to the effects of EMPs and GMDs.
``(3) Coordination.--
``(A) Report on technological options.--Not later than December 21, 2020, and every 4 years thereafter until 2032, the Secretary, in coordination with the Secretary of Defense, the Secretary of Energy, the heads of other appropriate agencies, and, as appropriate, private-sector partners, shall submit to the appropriate congressional committees, a report that--
``(i) assesses the technological options available to improve the resilience of critical infrastructure to the effects of EMPs and GMDs; and
``(ii) identifies gaps in available technologies and opportunities for technological developments to inform research and development activities.
``(B) Test data.--
``(i) In general.--Not later than December 20, 2020, the Secretary, in coordination with the heads of Sector-Specific Agencies, the Secretary of Defense, and the Secretary of Energy, shall--
``(I) review test data regarding the effects of EMPs and GMDs on critical infrastructure systems, networks, and assets representative of those throughout the Nation; and
``(II) identify any gaps in the test data.
``(ii) Plan.--Not later than 180 days after identifying gaps in test data under clause (i), the Secretary, in coordination with the heads of Sector-Specific Agencies and in consultation with the Secretary of Defense and the Secretary of Energy, shall use the sector partnership structure identified in the National Infrastructure Protection Plan to develop an integrated cross-sector plan to address the identified gaps.
``(iii) Implementation.--The heads of each agency identified in the plan developed under clause (ii) shall implement the plan in collaboration with the voluntary efforts of the private sector, as appropriate.
``(e) Rule of Construction.--Nothing in this section may be construed to affect in any manner the authority, existing on the day before the date of enactment of this subsection, of any other component of the Department or any other Federal department or agency, including the authority provided to the Sector-Specific Agency specified in section 61003(c) of division F of the Fixing America's Surface Transportation Act
(6 U.S.C. 121 note), including the authority under section 215 of the Federal Power Act (16 U.S.C. 824o), and including the authority of independent agencies to be independent.''.
(c) National Essential Functions.--
(1) Definition.--In this subsection, the term ``national essential functions'' means the overarching responsibilities of the Federal Government to lead and sustain the Nation before, during, and in the aftermath of a catastrophic emergency, such as an EMP or GMD that adversely affects the performance of the Federal Government.
(2) Updated operational plans.--Not later than March 20, 2020, each agency that supports a national essential function shall prepare updated operational plans documenting the procedures and responsibilities of the agency relating to preparing for, protecting against, and mitigating the effects of EMPs and GMDs.
(d) Benchmarks.--Not later than March 26, 2020, and as appropriate thereafter, the Secretary of Energy, in consultation with the Secretary of Defense, the Secretary of Homeland Security, and, as appropriate, the private sector, may develop or update, as necessary, quantitative and voluntary benchmarks that sufficiently describe the physical characteristics of EMPs, including waveform and intensity, in a form that is useful to and can be shared with owners and operators of critical infrastructure. Nothing in this subsection shall affect the authority of the Electric Reliability Organization to develop and enforce, or the authority of the Federal Energy Regulatory Commission to approve, reliability standards.
(e) Pilot Test by DHS to Evaluate Engineering Approaches.--
(1) In general.--Not later than September 22, 2020, the Secretary of Homeland Security, in coordination with the Secretary of Defense and the Secretary of Energy, and in consultation with the private sector, as appropriate, shall develop and implement a pilot test to evaluate available engineering approaches for mitigating the effects of EMPs and GMDs on the most vulnerable critical infrastructure systems, networks, and assets.
(2) Briefing.--Not later than 90 days after the date on which the pilot test described in paragraph (1) is completed, the Secretary of Homeland Security, in coordination with the Secretary of Defense and the Secretary of Energy, shall jointly brief the appropriate congressional committees on the cost and effectiveness of the evaluated approaches.
(f) Pilot Test by DOD to Evaluate Engineering Approaches.--
(1) In general.--Not later than September 22, 2020, the Secretary of Defense, in consultation with the Secretary of Homeland Security and the Secretary of Energy, shall conduct a pilot test to evaluate engineering approaches for hardening a strategic military installation, including infrastructure that is critical to supporting that installation, against the effects of EMPs and GMDs.
(2) Report.--Not later than 180 days after completing the pilot test described in paragraph (1), the Secretary of Defense shall submit to the appropriate congressional committees a report regarding the cost and effectiveness of the evaluated approaches.
(g) Communications Operational Plans.--Not later than December 21, 2020, the Secretary of Homeland Security, after holding a series of joint meetings with the Secretary of Defense, the Secretary of Commerce, the Federal Communications Commission, and the Secretary of Transportation shall submit to the appropriate congressional committees a report--
(1) assessing the effects of EMPs and GMDs on critical communications infrastructure; and
(2) recommending any necessary changes to operational plans to enhance national response and recovery efforts after an EMP or GMD.
(h) Technical and Conforming Amendment.--The table of sections in section 1(b) of the Homeland Security Act of 2002 is amended by striking the item relating to section 320 and inserting the following:
``Sec. 320. EMP and GMD mitigation research and development and threat assessment, response, and recovery.''.
____________________
